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Hendy Machine Works v. Portland Savings Bank

Hendy Mach. Works v. Portland Sav. Bank, 32 P. 1036 (Or. 1893)
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Court
Oregon Supreme Court · State Highest Courts
Decided
April 19, 1893
Citations
32 P. 103624 Or. 601893 Ore. LEXIS 82
Headnotes
íppeap — Ahstver—Cope, § 536. — An appeal may be taken from a decree rendered against a defendant standing on his demurrer and refusing to answer or plead further after it is overruled, at any time within six months from the date thereof. Kearns v. Kollansby. 15 Or. 596, approved and followed.
Summary
Multnomah County: Loyal B. Stearns, Judge. This is a motion to dismiss an appeal from a decree entered in favor of plaintiff on a demurrer to the complaint.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

Where a demurrer to a complaint is overruled, and the defendant, standing on his demurrer, *61 refuses to answer or plead further, and a decree is entered against him at a subsequent day of the term, an appeal may be taken from such decree at any time within six months after its rendition: Kearns v. Follansby, 15 Or. 596 ( 16 Pac. Rep. 478 ).

Motion OVERRULED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 11911: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Brownell v. Salem Flouring Mills Co.87 P. 770 (Or. 1906)
  2. Fassett v. Boswell117 P. 302 (Or. 1911)

Most recent

  1. Fassett v. Boswell117 P. 302 (Or. 1911)
  2. Brownell v. Salem Flouring Mills Co.87 P. 770 (Or. 1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kearns v. Follansby, 16 P. 478 (Or. 1888) 3

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