Usborne v. Stephenson
Oregon Supreme Court
From Multnomah : E. D. Shattuck, Judge. Action by Thomas Usborne against GeorgeR. Stephenson and another. The plaintiff is a hop factor in the City of London, and the defendants are hop growers in this state.
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From Multnomah : E. D. Shattuck, Judge. Action by Thomas Usborne against GeorgeR. Stephenson and another. The plaintiff is a hop factor in the City of London, and the defendants are hop growers in this state. In September, 1893, the defendants consigned to plaintiff, for sale on commission, ninety-eight bales of hops, of the aggregate weight of seventeen thousand three hundred and ninety-two pounds, upon which he made an advance of $1,550. The hops were received in London about the twenty-fourth day of November, 1893, by plaintiff, who retained them in his possession until September 13,1894,…
1Opinion of the CourtJustice Bean
1. This is the first attempt, so far as we are advised, to invoke in this state the practice of withdrawing a juror. There is but little satisfactory information to be obtained from the books in regard to the ancient practice, which used to be resorted to when a party was taken by surprise on a trial, of withdrawing a juror, and thus causing a mistrial, and, of necessity, a postponement of the case. It was originally confined to criminal cases, and seems to have been adopted for the purpose of avoiding a rule which once obtained, based largely upon a dictum of Lord Coke, that a jury sworn and…
2Cases cited5 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- People v. OlcottNew York Supreme Court · 1801
- People ex rel. Perkins v. Judges of the Court of C. P.New York Supreme Court · 1828
- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
- United States v. BriggsU.S. Circuit Court for the District of Massachusetts · 1815
3Cited by5 opinions
- State v. ArchboldNebraska Supreme Court · 1984
- State v. TjadenNorth Dakota Supreme Court · 1955
- Loveland v. NietersNorth Dakota Supreme Court · 1952
- Wyoming Wool Marketing Ass'n v. WoodruffWyoming Supreme Court · 1962
- State v. TjadenNorth Dakota Supreme Court · 1955