Hill v. Mellon
Oregon Supreme Court
Appeal from, Polk County. This action was originally brought in justices’ court, Multnomah precinct, in Polk County, by Hill, to recover $150, the value of a horse from the Mellons. The defendant James answered, admitting an indebtedness, but claimed an indebtedness from plaintiff on open mutual account of $214.80, over and above.the $150, claimed by plaintiff. The cause was only tried upon the issues presented, and judgment rendered for defendants.
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Appeal from, Polk County. This action was originally brought in justices’ court, Multnomah precinct, in Polk County, by Hill, to recover $150, the value of a horse from the Mellons. The defendant James answered, admitting an indebtedness, but claimed an indebtedness from plaintiff on open mutual account of $214.80, over and above.the $150, claimed by plaintiff. The cause was only tried upon the issues presented, and judgment rendered for defendants. Plaintiff appealed to the circuit court, when referee was appointed to take the testimony and report the law and the facts. Beport submitted at.…
1Opinion of the CourtMcArthur, J.
It is insisted by appellant’s counsel, that there was a total failure of proof in this cause in the court below, or, at least, that there was a fatal variance between the allegations in the answer, and the proofs submitted. The facts are here in the shape of a statement annexed to the record of the judgment. Section 96 of the Code, sets forth what is deemed to be a failure of proof, and the evident meaning of the section is, that, if the proof falls within the scope and meaning of the allegations, variance in some particulars only is not to be regarded as fatal.
It requires no very critical or…
2Cited by5 opinions
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