HILL v. G & W DEVELOPMENT CORP.


228 Or. 93 (1961)

363 P.2d 763

HILL v. G & W DEVELOPMENT CORPORATION ET AL

Supreme Court of Oregon.

Affirmed July 12, 1961.

Petition for rehearing denied September 5, 1961.


Attorney(s) appearing for the Case

Arthur H. Lewis, Portland, argued the cause and filed briefs for appellants.

Byron Glade Birch, Portland, argued the cause for respondent. With him on the brief was Virgil Colombo, Portland.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL and LUSK, Justices.


AFFIRMED.

SLOAN, J.

This was a suit to foreclose a mechanics lien. The trial court entered a decree which awarded plaintiff a lien on real property owned by defendant G & W Development Corporation. That defendant appeals from the decree. The other named defendants are not here involved. In this court, for the first time, defendant challenges the sufficiency of the complaint.

1, 2. In the absence of prior demurrer we must give to the complaint every...

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