Griffin v. Pitman
Oregon Supreme Court
Appeal from Yambill County. This was an action brought by the respondent against the appellant in a justice’s court to recover thirty-three dollars and forty-five cents. The case was tried with a jury, and the plaintiff had a verdict for the amount claimed, upon which a judgmen t was rendered. Subsequently it was discovered that the justice had inadvertently omitted to swear the jury.
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Appeal from Yambill County. This was an action brought by the respondent against the appellant in a justice’s court to recover thirty-three dollars and forty-five cents. The case was tried with a jury, and the plaintiff had a verdict for the amount claimed, upon which a judgmen t was rendered. Subsequently it was discovered that the justice had inadvertently omitted to swear the jury. Thereupon, on motion of the respondent, the judgment and verdict were set aside and a new trial ordered. Upon the second trial the respondent failed to appear, and the appellant had judgment. The respondent then…
1Opinion of the Court
By the Court,
Kelly, C. J.:
To the ruling of the court below the appellant assigns the following errors: 1. The court erred in rendering judgment on plaintiff’s complaint, for the reason that said complaint does not state facts sufficient to constitute a cause of action. 2. The court erred in affirming the judgment of the justice rendered on the twenty-fourth day of January, 1878, for the reason that said judgment had been set aside on motion of plaintiff therein. 3. The court erred in sustaining the judgment of the justice rendered on the verdict of a jury that was not sworn.
In regard to the…
2Cited by9 opinions
- State v. VoghCourt of Appeals of Oregon · 2002
- McCoy v. BellWashington Supreme Court · 1889
- Meinert v. HarderOregon Supreme Court · 1901
- Tongue v. State Board of AgricultureOregon Supreme Court · 1909
- White v. BrownOregon Supreme Court · 1909
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