Stroberg v. Merrill
Oregon Supreme Court
From Multnomab: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Justice Eakin. Tbis is an action by John A. Stroberg against Katherine Merrill to recover on five promissory notes of $1,000 each. The defendant pleads payment. A trial by jury was waived. Findings were made in defendant’s favor, and from a judgment thereon plaintiff appeals.
1Opinion of the CourtJustice Eakin
1. There are four assignments of error: (1) That the judgment is contrary to the evidence; (2) that the judgment is contrary to law; (3) that the findings of fact and conclusions of law are not supported by the evidence; (4) that the court erred in regarding certain evidence offered by defendant and objected to by the plaintiff. Defendant contends that the record presents no question of error, in that the assignments of error are not specific enough to raise any question in this court. It has been uniformly held by this court that the assignments must state the ground of error with reasonable…
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