Lombard v. Smith
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action by B. M. Lombard against Edith J. Smith. Defendant appeals from a judgment for plaintiff.
1Opinion of the CourtJustice Bean
This is an action to recover from the defendant the penalty provided by Section 798, Hill’s Ann. Laws, for a failure to attend court as a witness on behalf of the plaintiff, in obedience to a subpoena duly served upon her at his instance, in an action to which he was a party. Upon the trial the court ruled, and so instructed the jury, that, to entitle the plaintiff to recover, he must show that he was actually damaged by the nonatt’endance of the witness, but that payment of the witness fees and mileage at the time of the service of the sub*24pcena was a sufficient showing of damage for the…
2Cases cited2 opinions
- Reuben Town v. President of the Bank of River RaisinMichigan Supreme Court · 1847
- Courtney v. BakerNew York Supreme Court · 1846
3Cited by3 opinions
- Egan v. FinneyOregon Supreme Court · 1903
- Church v. PayneCalifornia Court of Appeal · 1939
- Church v. PayneAppellate Division of the Superior Court of California · 1939