Goyne v. Tracy
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. The defendant Tracy sued the plaintiff here inf the . Justice’s Court for money had and received by the defendant in the amount of $213.05. The present plaintiff by her answer denied every allegation in that complaint.
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From Union: John W. Knowles, Judge. In Banc. The defendant Tracy sued the plaintiff here inf the . Justice’s Court for money had and received by the defendant in the amount of $213.05. The present plaintiff by her answer denied every allegation in that complaint. At the trial after the jury had retired to consider their verdict they returned and asked the court to instruct them relative to the number required to agree upon a verdict and the justice instructed them that three fourths of their number would be sufficient for that purpose. Afterwards they returned a unanimous verdict as follows:…
1Opinion of the CourtBurnett, J.
1-4. There is no merit in the objection that the cost bill was not served. It is not required: Egan v. North American Loan Co., 45 Or. 131, 139 (76 Pac. 774, 77 Pac. 392). If it was error at all, the instruction of the justice of the peace to the jury was harmless for it appeared by the record that the verdict was unanimous. This being an action for the recovery of money it is required by law that the jury shall assess the amount of recovery: Section 156, L. O. L. The verdict in question did not conform to this statute and hence gave the justice no authority to render a judgment upon it. The…
2Cases cited1 opinion
- Egan v. North American Loan Co.Oregon Supreme Court · 1904
3Cited by7 opinions
- Fischer v. HowardOregon Supreme Court · 1954
- Hall v. CORNETTOregon Supreme Court · 1952
- Klein v. MillerOregon Supreme Court · 1938
- McLean v. SandersOregon Supreme Court · 1932
- Marr v. NagelNew Mexico Supreme Court · 1954
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