De Vall v. De Vall
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Eakin. This is an action by Beatrice DeVall against Thomas De Vall to recover judgment for the sum of $1,008, with interest and costs, upon a decree of the circuit court of the State of Wisconsin. This is the second appeal.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Eakin. This is an action by Beatrice DeVall against Thomas De Vall to recover judgment for the sum of $1,008, with interest and costs, upon a decree of the circuit court of the State of Wisconsin. This is the second appeal. For a full statement of the issues, see the same case in 57 Or. 128 (109 Pac. 755). Upon the second trial had on November 19, 1910, before a jury, verdict was rendered for the defendant, and judgment entered thereon. Thereafter, on the same day, a motion for a new trial was filed by plaintiff upon the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. It thus appears that, although there was a motion to set aside the verdict, the court in its discretion set aside such motion on the ground of error not assigned in it, and the contention of defendant is that the court had no authority to set aside a verdict upon its own motion, nor upon a ground not assigned in the motion. There is no bill of exception here, and the defendant does not contend that the instruction mentioned in the order was not erroneous. Therefore the only question to be considered *496is as to the power of the court to set aside a judgment…
2Cases cited16 opinions
- Scott v. FordOregon Supreme Court · 1908
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Lloyd v. BrinckTexas Supreme Court · 1872
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1905
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3Cited by35 opinions
- Strandholm v. General Construction Co.Oregon Supreme Court · 1963
- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
- Beglau v. AlbertusOregon Supreme Court · 1975
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- Holton v. HoltonSupreme Court of Minnesota · 1922
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