Papenfus v. Lane County Credit Ass'n
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 2. This is an action to recover damages for the alleged publication of plaintiff’s name in a delinquent or black list, purporting to be a list of debtors who owe unpaid claims. The answers of the respective defendants put in issue every material allegation of the complaint, except the incorporation of the Lane County Credit Association, and the fact that a claim against plaintiff was placed in its hands.
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From Lane: George F. Skipworth, Judge. Department 2. This is an action to recover damages for the alleged publication of plaintiff’s name in a delinquent or black list, purporting to be a list of debtors who owe unpaid claims. The answers of the respective defendants put in issue every material allegation of the complaint, except the incorporation of the Lane County Credit Association, and the fact that a claim against plaintiff was placed in its hands. Upon the trial there appears to have been a directed verdict against the plaintiff, and a judgment in favor of defendants upon this verdict,…
1Opinion of the CourtBennett, J.
1. In the absence of a bill of exceptions, certified by the judge, we cannot review the action of the court based upon the insufficiency of the evidence.
2. Under the amendment of 1913 (Laws of 1913, Chap. 332) the transcript of the testimony may be carried bodily into the bill of exceptions, if properly certified to as such by the judge, and will then be sufficient to bring up the rulings of the court below as set forth therein: Malloy v. Marshall-Wells Hdw. Co., 90 Or. 303 (173 Pac. 267, 175 Pac. 659, 176 Pac. 589). But it is not a bill of exceptions, and has no efficacy to bring up the…
2Cases cited2 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Thomsen v. GiebischOregon Supreme Court · 1918
3Cited by3 opinions
- Finn v. EricksonOregon Supreme Court · 1928
- Berneche v. HessOregon Supreme Court · 1928
- Finn v. EricksonOregon Supreme Court · 1928