Fretland v. Cantrall
Oregon Supreme Court
From Klamath: George Noland, Judge. Statement by Mr. Justice Bean. This is an action by Mello Fretland against Roscoe E. Cantrall and S. T. Summers for damages. The cause being at issue was set for trial on June 12, 1915. It was reached and called for hearing on June 14th, defendants and their counsel appearing, but neither the plaintiff nor his counsel being present.
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From Klamath: George Noland, Judge. Statement by Mr. Justice Bean. This is an action by Mello Fretland against Roscoe E. Cantrall and S. T. Summers for damages. The cause being at issue was set for trial on June 12, 1915. It was reached and called for hearing on June 14th, defendants and their counsel appearing, but neither the plaintiff nor his counsel being present. The court suggested that defendants’ counsel ask for a nonsuit, but the latter requested a jury, which was impaneled. The bailiff of the court, being called and sworn as a witness for defendants, stated that he knew nothing…
1Opinion of the Court
Mr. Justioe Bean
delivered the opinion of the court.
It appears from the record that Messrs. Crumpacker & Coovert, of Portland, as attorneys for plaintiff, commenced this action. A cause of action is asserted in the complaint. Defendants did not ask for any affirmative relief. On May 8, 1915, the clerk of the Circuit Court wrote the above-named attorneys that the case was set for trial on June 12, 1915, or as soon thereafter as reached. On May 17th they wrote the clerk in regard to an earlier or later date of trial, and, probably relying upon memory, stated that they were advised that the cause…
2Cases cited6 opinions
- Hanthorn v. OliverOregon Supreme Court · 1897
- Carroll v. Grande Ronde Electric Co.Oregon Supreme Court · 1907
- McFarlane v. McFarlaneOregon Supreme Court · 1904
- Voorhees v. Geiser-Hendryx Inv. Co.Oregon Supreme Court · 1908
- Brown v. LewisOregon Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wells v. WellsOregon Supreme Court · 1972
- Walker v. CLYDE ET UXOregon Supreme Court · 1956
- Astoria Savings Bank v. NormandOregon Supreme Court · 1928
- Wells v. WellsOregon Supreme Court · 1972