Annans v. Sewell
Oregon Supreme Court
From Washington : Thomas A. MoBride, Judge. Statement by Mr. Chief Justice BeaN. This is an action of trover by Jennie Annans against J! W. Sewell, sheriff, and others, for the alleged conversion of personal property. The defendants admitted the conversion, but justified under a writ of execution issued on a judgment recovered by Wehrung & Sons against the plaintiff in the county court of Washington County.
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From Washington : Thomas A. MoBride, Judge. Statement by Mr. Chief Justice BeaN. This is an action of trover by Jennie Annans against J! W. Sewell, sheriff, and others, for the alleged conversion of personal property. The defendants admitted the conversion, but justified under a writ of execution issued on a judgment recovered by Wehrung & Sons against the plaintiff in the county court of Washington County. When the record of the proceedings in that action was offered in evidence by the defendants, the plaintiff objected to its admission because incompetent, immaterial and irrelevant. The…
1Opinion of the Court
’Mr. Chief Justice Bean
delivered the opinion.
The plaintiff contends that no question is presented by the record for review, because no exception was taken to the ruling of the court in excluding the evidence at the time it was made, nor until after the return of the verdict. The statute defines an exception as “an objection taken at the trial to a decision upon matter of law,” etc.: B. & C. Comp. § 169. And under such a statute the authorities seem to be uniform that, before the action of a trial court in admitting or excluding testimony can be reviewed on appeal, an exception must have been…
2Cases cited9 opinions
- State v. Foot YouOregon Supreme Court · 1893
- Giachetta v. MarquamOregon Supreme Court · 1893
- Dimmey v. Wheeling & E. G. RailroadWest Virginia Supreme Court · 1885
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
- United States v. CareySupreme Court of the United States · 1884
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