Legal Opinion

Bailey v. Security Ins.

Oregon Supreme Court

Decided March 15, 1921PublishedCited by 6 opinions

From Jackson: Frank M. Calkins, Judge. Department 1. This is an appeal by the plaintiff, I. W. Bailey, from a judgment upon a directed verdict against the Security Insurance Company, a corporation, defendant and respondent. Plaintiff sued the defendant for $1,050 on a standard fire insurance policy. The complaint contained the usual averments in actions of this nature, including an allegation as to the ownership of the property.

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From Jackson: Frank M. Calkins, Judge. Department 1. This is an appeal by the plaintiff, I. W. Bailey, from a judgment upon a directed verdict against the Security Insurance Company, a corporation, defendant and respondent. Plaintiff sued the defendant for $1,050 on a standard fire insurance policy. The complaint contained the usual averments in actions of this nature, including an allegation as to the ownership of the property. The defendant, by way of an affirmative defense, set up the provisions of the policy wherein it is made void in the event the assured is not the sole and…

1Opinion of the CourtBrown, J.

1, 2. The plaintiff assigns a number of errors relating to the failure of the court to give to the jury certain instructions, but the plaintiff has not presented a record whereby this court is authorized by law to review the proceedings complained of. We have searched the record brought from the lower court, for the purpose of ascertaining and reviewing the alleged errors of the trial court. No exceptions are disclosed. Our Code thus defines the term “exception.”

“An exception is an objection taken at the trial to a decision upon matter of law, whether such trial be by jury or court, and…

2Cases cited13 opinions

  1. Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
  2. Holum v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
  3. Casto v. MurrayOregon Supreme Court · 1905
  4. Montague-O'Reilly v. Town of MilwaukieOregon Supreme Court · 1920
  5. De Lendrecie v. PeckNorth Dakota Supreme Court · 1891

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3Cited by6 opinions

  1. Frangos v. EdmundsOregon Supreme Court · 1946
  2. State Land Board v. SovenkoOregon Supreme Court · 1954
  3. Hooton v. Jarman Chevrolet Co.Oregon Supreme Court · 1931
  4. Hesse v. MittlemanOregon Supreme Court · 1933
  5. John Deere Plow Co. v. Silver Manufacturing Co.Oregon Supreme Court · 1926

1 more not listed; retrieve them via the Exa API.

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