Legal Opinion

Salem Traction Co. v. Anson

Oregon Supreme Court

Decided July 28, 1902PublishedCited by 27 opinions

From Marion: George H. Burnett, Judge. Action of trover by tbe Salem Light & Traction Co. against F. B. Anson, wherein plaintiff had judgment. A motion to dismiss the appeal was overruled, and the case heard on its merits. On Motion to Dismiss the Appeal.

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From Marion: George H. Burnett, Judge. Action of trover by tbe Salem Light & Traction Co. against F. B. Anson, wherein plaintiff had judgment. A motion to dismiss the appeal was overruled, and the case heard on its merits. On Motion to Dismiss the Appeal. Per Curiam. 1. It is stated in the notice of appeal that the judgment appealed from was rendered on the 18th day of June, 1901, whereas it was actually rendered on the 8th of that month, and it is so stated in the undertaking on appeal. The judgment is otherwise properly described in the notice. The contention is that the appeal should be…

1Opinion of the CourtJustice Bean

2. It is first insisted that the court erred in referring the case to a referee. The statute provides that the court may, upon the application of either party, or upon its own motion, direct a reference “when the trial of an issue of fact shall require the examination of a long account on either side”: Hill’s Ann. Laws, § 222, subd. 1. This provision of the statute is not an infringement of the constitutional right to a trial by jury (Tribou v. Strowbridge, 7 Or. 156; Trummer v. Konrad, 32 Or. 54, 51 Pac. 447); nor is any distinction made between an action on *567contract and one of tort, but…

2Cases cited19 opinions

  1. Burton v. DriggsSupreme Court of the United States · 1874
  2. State v. ReinhartOregon Supreme Court · 1895
  3. Walter v. . BennettNew York Court of Appeals · 1857
  4. Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
  5. Welsh v. . DarraghNew York Court of Appeals · 1873

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3Cited by27 opinions

  1. Haigler v. DonnellyCalifornia Supreme Court · 1941
  2. Van De Wiele v. GarbadeOregon Supreme Court · 1912
  3. Keady v. United Rys. Co.Oregon Supreme Court · 1910
  4. Holton v. HoltonOregon Supreme Court · 1913
  5. Sun Dial Ranch v. May Land Co.Oregon Supreme Court · 1912

22 more not listed; retrieve them via the Exa API.

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