Schnitzer v. Stein
Oregon Supreme Court
From Multnomah: William N. G-atens, Judge. Department 1. The plaintiffs, S. Schnitzer and H. J. Wolf, partners doing business as the Alaska Junk Company, brought this action in the District Court for Multnomah County against S. Stein and M. Baumstein for the recovery of $37.50 with interest from April 12, 1917. S. Stein alone answered.
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From Multnomah: William N. G-atens, Judge. Department 1. The plaintiffs, S. Schnitzer and H. J. Wolf, partners doing business as the Alaska Junk Company, brought this action in the District Court for Multnomah County against S. Stein and M. Baumstein for the recovery of $37.50 with interest from April 12, 1917. S. Stein alone answered. The trial in the District Court resulted in a judgment for the plaintiffs for the amount demanded in the complaint, and from that judgment Stein appealed to the Circuit Court. When the cause came on for trial on February 11, 1919, the circuit judge was “advised…
1Opinion of the CourtHarris, J.
1. When the appealing defendant entered the Circuit Court, the Constitution guaranteed him the right of trial by jury; and that right was nowise impaired, weakened or diminished by the fact that the controversy involved only $37.50. Article I, Section 17, and Article VII, Section 3, Constitution of Oregon: Puffer v. American Ins. Co., 48 Or. 475, 478 (87 Pac. 523).
2, 3. The exercise of the right of trial by jury may, within well-defined limitations, be regulated by statute; as, for example, a litigant may be required not only to pay a fee, but also to pay the fee in advance; or he may be…
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