Ward v. Hamlin

Oregon Supreme Court

Ward v. Hamlin

142 P. 621, 71 Or. 248, 1914 Ore. LEXIS 175

CourtOregon Supreme Court

DecidedJune 30, 1914

StatusPublished

Cited by3 cases

This text of 142 P. 621 (Ward v. Hamlin) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. Hamlin, 142 P. 621, 71 Or. 248, 1914 Ore. LEXIS 175 (Or. 1914).

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Opinion

Opinion by

Mr. Chief Justice McBride.

This case is identical with the case of Marx & Jorgenson v. Croisan, 17 Or. 393 (21 Pac. 310), wherein it was held that a like defect in laying the venue could not be reached by a general demurrer. The elaborate [249]*249opinion of Mr. Justice Lord in that case meets every contention urged by the appellant here. Were the matter res integra, a different conclusion might possibly be reached, but, as the rule there deliberately announced seems to dispose of what at best is an unprofitable technicality, we see no reason for departing from it.

The judgment is affirmed. Affirmed.

Mr. Justice Bean and Mr. Justice McNary concur. Mr. Justice Eakin not sitting.

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Opinion by

Mr. Chief Justice McBride.

This case is identical with the case of Marx & Jorgenson v. Croisan, 17 Or. 393 (21 Pac. 310), wherein it was held that a like defect in laying the venue could not be reached by a general demurrer. The elaborate [249]*249opinion of Mr. Justice Lord in that case meets every contention urged by the appellant here. Were the matter res integra, a different conclusion might possibly be reached, but, as the rule there deliberately announced seems to dispose of what at best is an unprofitable technicality, we see no reason for departing from it.

The judgment is affirmed. Affirmed.

Mr. Justice Bean and Mr. Justice McNary concur. Mr. Justice Eakin not sitting.

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Bluebook (online)

142 P. 621, 71 Or. 248, 1914 Ore. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-hamlin-or-1914.

Opinion

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