Stern v. Volz
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Commissioner Slater. Plaintiff, Jacob L. Stern, as the assignee of the Stern-Prince Importing Company of the State of Colorado, brought this action in a justice court of Coos County, against A. J. Volz, alias John Volz, to recover a balance alleged to be due upon an open account for goods alleged to have been sold and delivered to defendant at Boise, Idaho, by plaintiff’s assignor, at the special instance and request of…
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From Coos: James W. Hamilton, Judge. Statement by Mr. Commissioner Slater. Plaintiff, Jacob L. Stern, as the assignee of the Stern-Prince Importing Company of the State of Colorado, brought this action in a justice court of Coos County, against A. J. Volz, alias John Volz, to recover a balance alleged to be due upon an open account for goods alleged to have been sold and delivered to defendant at Boise, Idaho, by plaintiff’s assignor, at the special instance and request of defendant. In addition to the usual averments,it is alleged, that A. J. Volz is sometimes known and goes under the name…
1Opinion of the Court
•Opinion by
Mr. Commissioner Slater..1. The only error relied upon and urged by defendant in his brief for a reversal of the judgment, is the denial of his motion for a new trial, and that is confined solely to that part thereof based on newly discovered evidence. Such a motion is addressed to the sound discretion of the trial court, and a refusal of a new trial will be reversed only for manifest error or abuse of discretion. 14 PL & Pr. 982; Ruckman v. Ormond, 42 Or. 209 (70 Pac. 707) ; State v. Hill, 39 Or. 90 (65 Pac. 518). The motion is supported by defendant’s affidavit to the effect, *599that…
2Cases cited3 opinions
- State v. HillOregon Supreme Court · 1901
- Lander v. MilesMultnomah County Circuit Court, Oregon · 1868
- Ruckman v. OrmondOregon Supreme Court · 1902
3Cited by8 opinions
- State v. EvansOregon Supreme Court · 1920
- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
- Lewis v. NicholsOregon Supreme Court · 1940
- State of Oregon v. EdisonOregon Supreme Court · 1951
- Barclay v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915
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