Joshua Hendy Machine Works v. Portland Sav. Bank

Decision Date19 April 1893
Citation32 P. 1036,24 Or. 60
PartiesJOSHUA HENDY MACH. WORKS v. PORTLAND SAV. BANK.
CourtOregon Supreme Court

Appeal from circuit court, Multnomah county.

Action by the Joshua Hendy Machine Works against the Portland Savings Bank. From a judgment for plaintiff, defendant appealed, and the latter moves to dismiss the appeal. Motion overruled.

Thos. N. Strong, for appellant.

Milton W. Smith, for respondent.

PER CURIAM.

Held, that where a demurrer to a complaint is overruled, and the defendant, standing on his demurrer, refuses to answer or plead further, and judgment is entered against him at a subsequent day of the term, an appeal may be taken from such judgment at any time within six months after its rendition.

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