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1 Or. 357

Bailey v. Warren

Oregon Supreme Court

Decided December 15, 1861

Oregon Supreme Court · decided 1861-12-15

This cause came up from Yamhill County. The complaint in the court below charges, in substance, that the plaintiff, Bailey, has an interest in, and is entitled to the possession of <■ certain horses, of the value of. $2,000 ; that the defendant, Warren, as sheriff, by virtue of an execution, or attachment, ..against the property of E. G. Dorris, seized and took away •said horses; and that the -defendant wrongfully detains said -property, to the damage of the plaintiff in…

Decided 1861-12-15

"Wait, C. J.

¶1A specific denial of all the material allegations in a complaint is a denial of the plaintiff’s right of action. The language of a demurrer to a pleading is, “ admitting the pleading to be true, yet a right of action remains.” This deduction cannot be drawn in favor of a plaintiff, when all the material allegations in his complaint are specifically denied in the answer of the defendant. The answer of the defendant, denying all the material allegations in the complaint, being admitted by the demurrer to be true, it necessarily follows that the complaint must be treated as untrue; and, hence, wholly unavailable as a statement of a cause of action. The ruling of the Circuit Court in overruling the demurrer, and in the rendition of judgment, were clearly correct.

¶2Judgment affirmed.

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