Daniels v. Foster & Kleiser
Oregon Supreme Court
From Multnomah.: Harry H. Belt, Judge. Department 1. This is an action to recover $500. the alleged value of a building which, the plaintiff claims, was wrecked and appropriated by the defendant Foster & Kleiser, a corporation. When the plaintiff “had completed the introduction of her testimony” the defendant moved for a judgment of nonsuit. The court sustained the motion and the plaintiff appealed.
1Opinion of the CourtHarris, J.
There is no bill of exceptions. There is no transcript of any of the evidence. We have before us no part of the record made in the Circuit Court, except the pleadings, consisting of an amended complaint, an answer and a reply, and the recorded order allowing the motion for a nonsuit. The pleadings and the order made on the motion for a nonsuit are the only sources of information accessible to us, and our knowledge of what occurred in the Circuit Court is limited to whatever is revealed by that order and those pleadings.
*504The first three paragraphs of the amended complaint contain nothing* but…
2Cases cited17 opinions
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Flynn v. DoughertyCalifornia Supreme Court · 1891
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- Ferguson v. IngleOregon Supreme Court · 1900
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
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3Cited by15 opinions
- Gowin v. HeiderOregon Supreme Court · 1964
- Cross v. CampbellOregon Supreme Court · 1944
- Fleming v. WinebergOregon Supreme Court · 1969
- Genova v. JohnsonOregon Supreme Court · 1958
- Eade v. First Nat. Bank of CondonOregon Supreme Court · 1925
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