Wiseman v. N. P. R. R.
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Defendant- appeals. On March 19, 1890, the plaintiff J. J. Wiseman commenced an action in the circuit court of the state of Oregon, for the county of Multnomah, against the defendant to recover the sum of $398.72, the value of certain household goods claimed to have been lost by defendant in transit.
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Multnomah county: E. D. Shattuck, Judge. Defendant- appeals. On March 19, 1890, the plaintiff J. J. Wiseman commenced an action in the circuit court of the state of Oregon, for the county of Multnomah, against the defendant to recover the sum of $398.72, the value of certain household goods claimed to have been lost by defendant in transit. The complaint alleges that on or about the 8th day of April, 1889, at Nunica, Michigan, the plaintiff delivered to the Detroit, Grand Haven & Milwaukee Railway Company a shipment in six boxes, one trunk, one roll of carpet, and two barrels containing…
1Opinion of the CourtBean, J.
By section 691, Hill’s Code, it is provided that “there shall be no evidence of the contents of a writing other than the writing itself, except in the following cases: * * *
“2. When the original cannot be produced by the party by whom the evidence is offered, in a reasonable time, with proper diligence, and its absence is not owing to his neglect or default.” * * * This section is a declaration of the common law rule. The theory upon which secondary evidence of the contents of a writing is admitted is that the original writing cannot be produced by the party by whom the evidence is offered…
2Cases cited13 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Wood v. CullenSupreme Court of Minnesota · 1868
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Turner v. YatesSupreme Court of the United States · 1854
- Brown v. WoodSupreme Court of Missouri · 1854
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3Cited by19 opinions
- Johnson v. JohnsonNew Mexico Supreme Court · 1964
- Muir v. MorrisOregon Supreme Court · 1916
- Stipe v. First National BankOregon Supreme Court · 1956
- Farmers' State Bank v. EmpeySouth Dakota Supreme Court · 1915
- Gladstone Lumber Co. v. KellyOregon Supreme Court · 1913
14 more not listed; retrieve them via the Exa API.