West v. McDonald
Oregon Supreme Court
From. Union: John W. Knowles, Judge. In Bane. Statement by Mr. Justice Eakin. This is an action by R. A. West against Duncan McDonald, and is tbe third appeal of this case, and a full statement of tbe issues appears in 64 Or. 203 (127 Pac. 784, 128 Pac. 818). It is again reported in 67 Or. 551 (136 Pac. 650). Tbe Farmers’ Union Warehouse, desiring to have a well drilled adjacent to their warehouse, raised a fund of $150 by subscription for that purpose.
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From. Union: John W. Knowles, Judge. In Bane. Statement by Mr. Justice Eakin. This is an action by R. A. West against Duncan McDonald, and is tbe third appeal of this case, and a full statement of tbe issues appears in 64 Or. 203 (127 Pac. 784, 128 Pac. 818). It is again reported in 67 Or. 551 (136 Pac. 650). Tbe Farmers’ Union Warehouse, desiring to have a well drilled adjacent to their warehouse, raised a fund of $150 by subscription for that purpose. This defendant, who was one of the subscribers, talked with plaintiff West in regard to doing the work, resulting in an agreement by which…
1Opinion of the CourtJustice Eakin
1. Sections 101 and 102, L. O. L., provide when an amended pleading may he filed, which may be done *423only by leave of the court first obtained. It is not a 'matter of right, but is in the .discretion of the court, and it was not reversible error for the court to strike out said answer.
2, 3. There is also a motion to strike out the abstract and bill of exceptions. This motion is based largely upon the contention that the bill of exceptions was not tendered or filed within the time allowed by law, and was not sent to this court with or as a part of the transcript. The law passed in 1913 (Laws…
2Cases cited2 opinions
- Che Gong v. StearnsOregon Supreme Court · 1888
- McElvain v. BradshawOregon Supreme Court · 1897
3Cited by6 opinions
- Weinstein v. WheelerOregon Supreme Court · 1928
- Walker v. Fireman's Fund InsuranceOregon Supreme Court · 1927
- Gabel v. ArmstrongOregon Supreme Court · 1918
- Cauldwell v. Bingham & Shelley Co.Oregon Supreme Court · 1917
- John Deere Plow Co. v. Silver Manufacturing Co.Oregon Supreme Court · 1926
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