Simpson v. Miller
Oregon Supreme Court
From Polk: George H. Burnett, Judge. Statement by Mr. Justice Slater. This is an action by D. H. Simpson against A. C. Miller to recover upon an alleged contract to pay a specific price per thousand feet for certain standing timber. Defendant interposed a general denial of the averments of the complaint. Upon a trial of the issues before a jury plaintiff secured a verdict, and from the judgment entered thereon defendant has appealed.
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From Polk: George H. Burnett, Judge. Statement by Mr. Justice Slater. This is an action by D. H. Simpson against A. C. Miller to recover upon an alleged contract to pay a specific price per thousand feet for certain standing timber. Defendant interposed a general denial of the averments of the complaint. Upon a trial of the issues before a jury plaintiff secured a verdict, and from the judgment entered thereon defendant has appealed. Submitted on briefs under the proviso of Rule 16 of the Supreme Court: 50 Or. 580 (91 Pac. VIII.)
1Opinion of the CourtJustice Slater
1. The only question presented for review arises upon the giving of the following instruction:
“These witnesses do not all agree, and so the rule of law in that matter is this: That a witness false in one part of his testimony is to be distrusted in others. As to whether a witness is false so as to be there distrusted is for you to determine; and it may be that a witness is false intentionally or he may be false by mistake. A mistaken witness would be a false witness in the meaning of that rule.”
To this instruction defendant excepted. His counsel complain of the instruction: First, because it…
2Cases cited28 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Kearney v. SnodgrassOregon Supreme Court · 1885
- People v. SpragueCalifornia Supreme Court · 1879
- People v. StrongCalifornia Supreme Court · 1866
- Wilkins v. . EarleNew York Court of Appeals · 1870
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3Cited by14 opinions
- State v. PayneOregon Supreme Court · 2020
- Ireland v. MitchellOregon Supreme Court · 1961
- State v. WestonOregon Supreme Court · 1923
- State v. BonnerOregon Supreme Court · 1965
- State v. MeyersOregon Supreme Court · 1911
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