Legal Opinion

Lew v. Lucas

Oregon Supreme Court

Decided June 11, 1900PublishedCited by 9 opinions

From Grant: Morton D. Clifford, Judge. This is a case brought in a justice’s court by Lew & Sprague against N. A. Lucas to recover $52.25 for goods, wares, and merchandise alleged to have been sold and delivered to the defendant by the plaintiffs between the thirtieth of August and third of September, 1898, no part of which has been paid.

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From Grant: Morton D. Clifford, Judge. This is a case brought in a justice’s court by Lew & Sprague against N. A. Lucas to recover $52.25 for goods, wares, and merchandise alleged to have been sold and delivered to the defendant by the plaintiffs between the thirtieth of August and third of September, 1898, no part of which has been paid. The answer denies the allegations of the complaint, except as thereinafter admitted, and, for a further and separate defense, avers, in substance, that in August, 1898, the defendant ordered from the plaintiffs goods, wares, and merchandise of'the value and…

1Opinion of the Court

Mb.. Justice Bean,

after stating the facts, delivered the. opinion of the court.

1. It is claimed that at the time the appeal was taken the record of the court below did not show any disposition of the motion for a continuance, or that the j ury impaneled to try the cause, and before which it was tried, was sworn as by law required. But the transcript, as filed, shows that the motion for a continuance was denied because the defendant admitted the testimony set out in the affidavit, and that the jury was properly sworn; and this is conclusive upon these questions.

2. An application for a…

2Cases cited5 opinions

  1. Wood v. Milly McGuire's ChildrenSupreme Court of Georgia · 1855
  2. State v. FiesterOregon Supreme Court · 1897
  3. Cohn v. ScheuerSupreme Court of Pennsylvania · 1887
  4. Jacobs v. OrenOregon Supreme Court · 1897
  5. Humphreys v. Mayor of WoodstownSupreme Court of New Jersey · 1886

3Cited by9 opinions

  1. Sims v. SowleOregon Supreme Court · 1964
  2. Harrison v. Pacific Ry. & Nav. Co.Oregon Supreme Court · 1914
  3. Portland & O. C. Ry. Co. v. SandersOregon Supreme Court · 1917
  4. Ollschlager's EstateOregon Supreme Court · 1907
  5. City of Portland v. BlueOregon Supreme Court · 1918

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