Rader v. Barr
Cases that cite this one
15 later published cases cite this decision.
- Russell v. Sheahan (Or. 1996)
- STATE EX REL. JUV. DEPT. v. Jenkins (Or. Ct. App. 2006)
- Thompson v. State Farm Mutual Automobile Insurance (Or. Ct. App. 2001)
- State ex rel. Juvenile Department v. Jenkins (Or. Ct. App. 2006)
- In re the Marriage of Brown (Or. Ct. App. 1998)
- Rauda v. Oregon Roses, Inc. (Or. 1999)
- Westfall v. Wilson (Or. 1970)
- Schoren v. Schoren (Or. 1924)
- Boyer v. Burton (Or. 1916)
- East Side Mill Co. v. Feldman (Or. 1915)
- Tillamook City v. Tillamook County (Or. 1911)
- Wallace v. McDaniel (Or. 1911)
- Twitchell v. Risley (Or. 1910)
- State v. Leasia (Or. 1904)
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co. (2d Cir. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A single question was presented in this court, and that was, the action of the trial cou'rt in refusing to dismiss the appeal from the justice. By consenting to the rendition of a judgment in favor of the plaintiff by the justice for the amount claimed, the defendant, in effect, waived his answer and left no issue in the case to be tried, and from such a judgment no appeal lies. (La Societe v. Beardslee, 63 Cal. 160; Conniff v. Kahn, 54 Cal. 283.) The reason of this rule is plain. Courts are held to try real controversies between parties; but consent ends all contention, and leaves nothing for the court to do hut to see that the same is carried into effect. The circuit court, therefore, erred in refusing to dismiss the appeal, for which ité judgment must be reversed, and the cause remanded to the court below with directions to sustain the motion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.