Legal Opinion

Smith v. McDuffee

Oregon Supreme Court

Decided June 9, 1914Published

From Grant: Dalton Biggs, Judge. Department 1. Statement by Me. Justice Mooee. This is an action by David G. Smith against Wm. W. McDuffee, Andrew Edling and Wm. Von Behren, to recover damages for an alleged illegal entry upon certain real property and an averred unauthorized search of dwelling-houses and other buildings thereon, accompanied by acts of asserted aggravation.

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From Grant: Dalton Biggs, Judge. Department 1. Statement by Me. Justice Mooee. This is an action by David G. Smith against Wm. W. McDuffee, Andrew Edling and Wm. Von Behren, to recover damages for an alleged illegal entry upon certain real property and an averred unauthorized search of dwelling-houses and other buildings thereon, accompanied by acts of asserted aggravation. The facts out of which this action arose are that a son and a stepdaughter of the plaintiff, David G. Smith, on May 15, 1912, attended a picnic in Grant County, Oregon, carrying a luncheon consisting of sandwiches…

1Opinion

Denied September 15, 1914.

On Petition for Rehearing.

(143 Pac. 929.)

2Opinion of the CourtJustice Moore

It is maintained by plaintiff’s counsel in a petition for rehearing that an alleged error, duly assigned, properly set forth and orally argued at the trial in this court, was not referred to in the opinion, whereby their client was prejudiced. The action of the trial court thus complained of consists in receiving, over objection and exception, testimony given by the defendants and their witnesses tending to show that the reputation of the plaintiff for honesty, integrity and moral worth in the vicinity in which he lived was…

3Cases cited7 opinions

  1. Israel v. BrooksIllinois Supreme Court · 1860
  2. Woodworth v. MillsWisconsin Supreme Court · 1884
  3. McIntire v. LeveringMassachusetts Supreme Judicial Court · 1889
  4. Blizzard v. HaysIndiana Supreme Court · 1874
  5. Olson v. TveteSupreme Court of Minnesota · 1891

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