Legal Opinion

Heneky v. Smith

Oregon Supreme Court

Decided October 15, 1882PublishedCited by 16 opinions

Appeal from Marion County. Contend that there is no ground for admitting evidence as to the amount of appellant’s property, except ás a basis for vindictive damages, which are not allowed in cases like this. The objection lies with much greater force to testimony as to the respondent’s financial circumstances and family relations.

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Appeal from Marion County. Contend that there is no ground for admitting evidence as to the amount of appellant’s property, except ás a basis for vindictive damages, which are not allowed in cases like this. The objection lies with much greater force to testimony as to the respondent’s financial circumstances and family relations. And in some of the cases it is denied that evidence as to the latter facts is ever admissible. • "W"e think the weight of authority supports our view, and we are unable to perceive upon what principle the contrary doctrine can be sustained at all. The right to…

1Opinion of the Court

By the Court,

Watson, C. J.

The respondent, Heneky, brought this action to recover damages from the appellant, Smith, for wrongfully and maliciously shooting and wounding him with a pistol, at Silverton, Oregon, on September 28, 1881. The damages were laid at fifteen thousand dollars; he obtained a verdict and judgment for four thousand dollars. The appeal is from this judgment. The errors assigned in the notice of *352appeal, and relied upon by tbe appellant to secure a reversal of the judgment of the circuit court, are involved in certain rulings of that court at the trial, upon the admission of…

2Cases cited14 opinions

  1. Day v. WoodworthSupreme Court of the United States · 1852
  2. Buckley v. KnappSupreme Court of Missouri · 1871
  3. The People v. . GonzalezNew York Court of Appeals · 1866
  4. Forrest v. . ForrestNew York Court of Appeals · 1862
  5. White v. MurtlandIllinois Supreme Court · 1874

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

3Cited by16 opinions

  1. DeMendoza v. HuffmanOregon Supreme Court · 2002
  2. Montgomery v. SomersOregon Supreme Court · 1907
  3. Harrod v. BissonIndiana Court of Appeals · 1911
  4. Amsinger v. NajimSupreme Court of Missouri · 1934
  5. Mattechek v. PughOregon Supreme Court · 1935

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

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