Mitchell & Lewis Co. v. Downing
Oregon Supreme Court
Jackson County: Lionel R. Webster, Judge. Mitchell & Lewis Company began an action against one Downing and attached some live stock. The case was compromised on the statement of the sheriff, Birdsey, that his costs and charges were §94. When the motion to dismiss came up, Birdsey filed his petition, showing that his charges were §217, and. praying for judgment against the plaintiff.
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Jackson County: Lionel R. Webster, Judge. Mitchell & Lewis Company began an action against one Downing and attached some live stock. The case was compromised on the statement of the sheriff, Birdsey, that his costs and charges were §94. When the motion to dismiss came up, Birdsey filed his petition, showing that his charges were §217, and. praying for judgment against the plaintiff. After some delays the judgment was granted, and from a refusal to set aside that judgment the plaintiff appeals. This is an appeal from an order of the court refusing to set aside a judgment, and grows out of the…
1Opinion of the Court
Moore J.
(after stating the facts as above). — There are two questions presented by this appeal: First, the right of the court to enter judgment against plaintiff in favor of the sheriff, to be taxed as costs and disbursements; and second, whether there has been an abuse of discretion in refusing to set aside the judgment.
1. Section 246 of Hill’s Code provides that a judgment of nonsuit may be given against the plaintiff on his motion at any time before trial, unless a counter-claim has been filed as a defense. The right to dismiss an action is not an absolute one which the plaintiff can…
2Cases cited2 opinions
- New York, Chicago & St. Louis Railroad v. DoaneIndiana Supreme Court · 1886
- Schneider v. SearsOregon Supreme Court · 1885
3Cited by10 opinions
- Macartney v. ShipherdOregon Supreme Court · 1911
- Columbia Auto Works, Inc. v. YatesOregon Supreme Court · 1945
- Alternative Realty v. MichaelsCourt of Appeals of Oregon · 1988
- Renfroe v. StateCourt of Appeals of Oregon · 1988
- State v. StarrCourt of Appeals of Oregon · 2007
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