Legal Opinion

Hahn v. Mackay

Oregon Supreme Court

Decided August 13, 1912PublishedCited by 20 opinions

From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by . Jacob Hahn against Donald Mackay.

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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by . Jacob Hahn against Donald Mackay. Claiming to be a sub-tenant of premises of which the defendant is the owner in fee, and of which the rental value has greatly increased since the execution of the lease by the defendant to the original tenant, the plaintiff here says by his complaint that, “Said defendant, desiring to re-possess himself of said property demised by the lease hereinbefore referred to, and desiring to oust this plaintiff and his sub-tenants from the possession of said property did,…

1Opinion of the CourtJustice Burnett

1. As a preliminary matter, it is necessary to dispose of the contention of the plaintiff that, the defendant having failed to have the exhibits in evidence properly identified and made part of the bill of exceptions, those documents are not before the court, and the bill itself should be stricken out. It is provided by Section 171, L. O. L., that “no particular form of exception shall be required. The objection shall be stated with so much of the evidence or other matter as is necessary to explain it but no more.” There is before us a paper setting out certain instructions asked for by the…

2Cases cited8 opinions

  1. Moses v. AutuonoSupreme Court of Florida · 1908
  2. Poposkey v. MunkwitzWisconsin Supreme Court · 1887
  3. Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
  4. Adair v. BogleSupreme Court of Iowa · 1866
  5. Keady v. United Rys. Co.Oregon Supreme Court · 1910

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3Cited by20 opinions

  1. Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
  2. Enco, Inc. v. F. C. Russell Co.Oregon Supreme Court · 1957
  3. Tenold v. Weyerhaeuser Co.Court of Appeals of Oregon · 1994
  4. Overstreet v. MerrittCalifornia Supreme Court · 1921
  5. State v. PooleOregon Supreme Court · 1939

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