Gaines v. Cyrus

Citations

• 23 Or. 403
• 31 P. 833
• 1893 Ore. LEXIS 36

Syllabus

<p>1. Appealable Oedee — Code, § 535. — An order dismissing an action against a party ceases to be appealable when the party dismissed, by permission of the court, and during the pending of the cause, again submits himself to the jurisdiction and files a new pleading.</p> <p>2. Plevding and Peaotice — Faildbe to Plead — Default. — When an answer is not filed within the time limited, the proper practice is to apply to the trial court for a default or judgment for want of an answer.</p>