Swegle v. Wells
Oregon Supreme Court
Appeal from Polk County. The facts are stated in the opinion of the court. This was a suit to foreclose a mortgage to secure the payment of a promissory note for one thousand five hundred dollars, made by the respondent, R. 3?. Wells, to N. Hen-ton, dated February 4, 1876, due one year after date.
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Appeal from Polk County. The facts are stated in the opinion of the court. This was a suit to foreclose a mortgage to secure the payment of a promissory note for one thousand five hundred dollars, made by the respondent, R. 3?. Wells, to N. Hen-ton, dated February 4, 1876, due one year after date. The complaint alleges that the note was assigned to plaintiff in February, 1876, and that no part thereof has been paid except one hundred and eighty dollars, interest to February 3, 1877; two hundred and eighty-five dollars paid February 3, 1877, and one hundred and fifty dollars paid November 2,…
1Opinion of the Court
By the Court,
Prim, J.:
This case comes here on appeal to be tried de novo on the pleadings, evidence and verdict of the jury rendered upon the issues of fact submitted to them in the court below. It is provided by section 392, page 192, of the code, that “In suits of equity both issues of law and fact shall be tried by the court unless referred.” The same section further provides that: “Whenever it becomes necessary or proper to inquire of any fact by the verdict of a jury, the court may *225direct a statement thereof, and that a jury may be formed to inquire of the same. The statement shall be…
2Cited by8 opinions
- Wadsworth v. BrighamOregon Supreme Court · 1927
- McLeod v. DespainOregon Supreme Court · 1907
- Mogul Transportation Co. v. LarisonOregon Supreme Court · 1947
- In re SneddonOregon Supreme Court · 1914
- Tilton v. BolandOregon Supreme Court · 1934
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