Raymond v. Flavel
Oregon Supreme Court
Appeal from Clatsop: Thos. A. McBride, Judge. This suit was instituted by George William Raymond against George Flavel for the purpose of having defendant declared a trustee of certain real property, described as- the south half of the donation land claim of William W. Raymond and wife; being claim number forty-four, notification number seven thousand nine hundred and twenty-six, in township eight north, range ten west of the Will amette Meridian, in Clatsop County, Oregon.
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Appeal from Clatsop: Thos. A. McBride, Judge. This suit was instituted by George William Raymond against George Flavel for the purpose of having defendant declared a trustee of certain real property, described as- the south half of the donation land claim of William W. Raymond and wife; being claim number forty-four, notification number seven thousand nine hundred and twenty-six, in township eight north, range ten west of the Will amette Meridian, in Clatsop County, Oregon. George Flavel having died, the suit was continued against his executors. It is alleged that on December seventh,…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The important questions involved in this case have been presented upon both sides with great force and rare ability, and received our careful attention. It is stoutly contended by appellant that the refusal of the court below to award an issue, and direct a jury to be formed to try certain questions of fact, was reversible error. The *230basis for the contention is that the evidence is conflicting and doubtful, and, while it is admitted that the awarding of an issue lies in the discretion of the court, yet it is claimed that it is a judicial discretion, and…
2Cases cited34 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Bacon v. RivesSupreme Court of the United States · 1882
- Richardson v. LeviTexas Supreme Court · 1887
- Brown v. BuckMichigan Supreme Court · 1889
29 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- State v. 1920 Studebaker Touring CarOregon Supreme Court · 1926
- Ryason v. DuntenIndiana Supreme Court · 1905
- Baillie v. Columbia Gold Mining Co.Oregon Supreme Court · 1917
- Gardner v. WrightOregon Supreme Court · 1907
- Mattson v. Commercial Credit Business Loans, Inc.Oregon Supreme Court · 1986
49 more not listed; retrieve them via the Exa API.