Stevens v. Myers
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is a proceeding by Georgia Frances Stevens against - George Tobias Myers, Jr., to contest a certain instrument purporting to be the last will and testament and the codicil thereto of George T. Myers.
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is a proceeding by Georgia Frances Stevens against - George Tobias Myers, Jr., to contest a certain instrument purporting to be the last will and testament and the codicil thereto of George T. Myers. The facts are as follows: On July 22, 1907, upon the petition of the defendant here, the county court of Multnomah County, Oregon, admitted to probate, in common form, a paper, purporting to be the last will and testament of George T. Myers, and a codicil annexed thereto, and directed that letters testamentary issue…
1DissentJustice McBride
delivered the following dissenting opinion.
I regret that .1 cannot concur with the conclusion reached by the majority of the court,- and will briefly state my reasons for dissenting.
*415I regard it as established by the great weight of authority that, when the framers of the constitution used the language, “in all civil cases the right of trial by jury shall remain inviolate,” they meant that the system of trial by jury, which was then in existence, and which had been in existence for years, and which had been tried and found satisfactory, should remain intact. It seems to me that this is so…
2Cases cited15 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- Raymond v. FlavelOregon Supreme Court · 1895
- Cockrill v. CoxTexas Supreme Court · 1886
- Tabor v. CookMichigan Supreme Court · 1867
- Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
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