McClung v. McPherson
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This action was commenced by J. H. McClung against W. E. McPherson in a justice’s court of Multnomah County to recover the .possession of certain real property, and, the cause being at issue and tried, plaintiff secured the judgment.
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From Multnomah: Alfred F. Sears, Jr., Judge. This action was commenced by J. H. McClung against W. E. McPherson in a justice’s court of Multnomah County to recover the .possession of certain real property, and, the cause being at issue and tried, plaintiff secured the judgment. An execution was issued thereon, and the demanded premises delivered to plaintiff, whereupon the defendant appealed from such judgment to the circuit court for that county, which, without a jury, tried the cause, and made findings of fact as follows: “(1) That on April 16, 1904, the date of commencing this action, the…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiff’s counsel that the court erred in refusing to find the facts as requested. It is maintained by defendant’s counsel, however, that the request for other findings was not made within the time prescribed, and that those demanded were not warranted by the evidence. The statute invoked by defendant’s counsel in support of the legal principle insisted upon is as follows: *76“Any party may, when the evidence is closed, submit in distinct and concise propositions, the conclusions of fact which he claims to be established, or the conclusion of law, which he desires to be…
2Cases cited15 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Hicklin v. McClearOregon Supreme Court · 1889
- Washington & Idaho Railroad Co. v. Coeur D'Alene Railway & Navigation Co.Idaho Supreme Court · 1889
- Felton v. MillardCalifornia Supreme Court · 1889
- Hadley v. BerneroMissouri Court of Appeals · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gostin v. NeedleCourt of Appeals of Maryland · 1946
- Collins v. StreitzCourt of Appeals for the Ninth Circuit · 1938
- Taffe v. SmythOregon Supreme Court · 1912
- Murray v. Firemen's InsuranceOregon Supreme Court · 1927
- Barnum v. LockhartOregon Supreme Court · 1915
18 more not listed; retrieve them via the Exa API.