Fisk v. Henarie

This is an appeal from an order of the Circuit Court of Multnomah County granting a new trial, and also from the order of said court, overruling appellant’s motion for judgment on the verdict.

It is the third appeal in this cause. The ruling of this court on the first appeal is reported in 13 Or. 156; on the second appeal in 13 Pac. Rep. 193, to which reference is made for a fuller statement of the facts.

On the present appeal, two questions have been argued, and are presented for our consideration: 1st, "Whether or not an appeal will lie to this from an order of the lower court, granting a new…