# Clark v. Adney

> Oregon Supreme Court · October 24, 1930 · 134 Or. 163

URL: https://www.frixlaw.com/law-library/cases/3838297

## Case

- **Full name:** CLARK v. ADNEY Et Al.
- **Court:** Oregon Supreme Court
- **Decided:** October 24, 1930
- **Citations:** 134 Or. 163; 292 P. 1039; 1930 Ore. LEXIS 39
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3838297

## Opinion text

*165
BROWN, J.
The defendant assigns error of the court in giving judgment on the pleadings, on the ground that the complaint failed to state facts sufficient to constitute a cause of action against an indorser of a promissory note. As to the sufficiency of the complaint, no objection was made in the lower court. In the opinion of the writer, if the averments of a complaint are not sufficiently certain and specific it is the duty of the defendant to move against the pleading in the lower court. And, while this question may be raised in this court for the first time, when so raised every reasonable inference or intendment should be invoked to support the complaint. See
Dippold v. Cathlamet Timber
Co., 98 Or. 183 ( 193 P. 909 ), where we wrote:
“We recognize the rule that when a complaint reaches this court without having been demurred to
*166
or moved against in any way, every reasonable inference or intendment should be invoked to .support it [citing many cases]. ’ ’
The defendant has cited
Case v. McKinnis,
107 Or. 223 ( 213 P. 422 , 32 A. L. R. 167). We agree with the doctrine therein announced, and the proceedings in the cause at issue are in harmony therewith.
Based upon the averments of the complaint in this case, and the admissions by the answering defendant, the trial court was authorized to enter judgment in favor of the plaintiff. As to the power of the court to render judgment upon the pleadings, see
Willis v. Holmes,
28 Or. 265 ( 42 P. 989 );
Hirsch v. May,
75 Or. 403 ( 146 P. 831 );
Owen v. Leber,
112 Or. 136 ( 228 P. 927 ).
This case is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3838297. Public record. Not legal advice.