Hanthorn v. Oliver
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. This action was brought on the twenty-second of September, 1894, to recover the sum of $698.48 for goods alleged to have been sold and money-loaned by the plaintiff’s assignor to the defendant in the month o'f October, 1876, and the complaint avers, for the purpose of taking the case out of the statute of limitations, that the defendant was and had been a non-resident of the state since August, 15, 1877. On the twenty-fifth of…
Read the full summary
From Clatsop: Thomas A. McBride, Judge. This action was brought on the twenty-second of September, 1894, to recover the sum of $698.48 for goods alleged to have been sold and money-loaned by the plaintiff’s assignor to the defendant in the month o'f October, 1876, and the complaint avers, for the purpose of taking the case out of the statute of limitations, that the defendant was and had been a non-resident of the state since August, 15, 1877. On the twenty-fifth of September the defendant answered, denying all the material allegations of the complaint except the fact of his non-residence,…
1Opinion of the CourtJustice Bean
Upon the facts disclosed by the record, we are ■of the opinion that the defendant was entitled to have the judgment opened up, and to make his defense, and that the denial by the trial court of his motion for that purpose is reversible error. The case presented is not one of negligence or omission on the part of either defendant or his counsel, but is an excusable mistake, growing out of an honest misunderstanding of the defendant as to the time of trial. His counsel told him on Monday that the case was set for Tuesday (meaning the following day), but he understood it to be Tuesday of the…
2Cases cited7 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Grady v. DonahooCalifornia Supreme Court · 1895
- State v. MooreOregon Supreme Court · 1897
- Johnson v. EldredWisconsin Supreme Court · 1861
- Reidy v. ScottCalifornia Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- Bella v. Aurora Air, Inc.Oregon Supreme Court · 1977
- King v. MitchellOregon Supreme Court · 1950
- Lake v. LakeWyoming Supreme Court · 1947
- Carmichael v. CarmichaelOregon Supreme Court · 1921
21 more not listed; retrieve them via the Exa API.