Hiller v. Smith

The first question for our consideration is whether upon this appeal we are bound by the verdict of the jury. The claimant asserts and the administrator denies that claimant was entitled to a jury trial. It must be remembered that the cause was not tried in the county court but was certified to the circuit court for trial. However, we are not called upon to consider the effect of O. C. L. A. 13-502, pursuant to which the contested probate matter was transferred from the county court to the circuit court for trial. The confusing provisions of that statute (see Charlton v. Patton, 170 Or. 186,…