Morgan v. Johns
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice Burnett. This action is one in the usual form charging the defendant with the conversion of 15 shares of stock in the Union County Farm Company, a corporation, of the value of $9,812.50, the property of the plaintiff, to his damage in that sum.
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From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice Burnett. This action is one in the usual form charging the defendant with the conversion of 15 shares of stock in the Union County Farm Company, a corporation, of the value of $9,812.50, the property of the plaintiff, to his damage in that sum. The answer denies the whole complaint, except as otherwise stated, and then in substance avers that the plaintiff being the owner of the stock mentioned, sold the same to a brother of the defendant taking from the vendee an option to repurchase it on a certain date at a stipulated…
1Opinion of the CourtJustice Burnett
1. At the close of the plaintiff’s case the defendant moved for a judgment of nonsuit which was denied, and this is assigned as error. On the other hand the plaintiff points out that the bill of exceptions does not disclose any objection by the defendant to this ruling and hence that it cannot be assigned as a reason for reversal, maintaining that it is not error alone but a mistake to which an exception has been regularly taken that will avail the appellant in this court. The defendant seeks to avoid this argument by reference to the statute which says:
“No exception need be taken or allowed…
2Cases cited1 opinion
- Springer v. JenkinsOregon Supreme Court · 1906
3Cited by5 opinions
- Barber v. Motor Investment Co.Oregon Supreme Court · 1931
- Kirby v. SnowOregon Supreme Court · 1969
- Anderson v. Board of ParoleOregon Supreme Court · 1987
- Pedro v. VeyOregon Supreme Court · 1935
- State v. LaundyOregon Supreme Court · 1922