McDaniels v. Harrington
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice McBride. This is an action by Joseph B. McDaniels against Gr. H. Harrington. The complaint sets out two causes of action. The first was for work and labor performed and for lumber, hay and other articles furnished defendant.
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From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice McBride. This is an action by Joseph B. McDaniels against Gr. H. Harrington. The complaint sets out two causes of action. The first was for work and labor performed and for lumber, hay and other articles furnished defendant. For the second cause of action it was alleged that the plaintiff was lessee in possession of certain land of defendant, and that defendant, desiring to repossess himself of said lands, offered to pay plaintiff $200 if he would quit and surrender to defendant the leased premises, and that plaintiff…
1Opinion of the CourtJustice McBride
1, 2. Touching the first objection urged, we are of the opinion that the witness should have been permitted to refresh his memory from the memoranda which the evidence tends to show were made and reduced to writing at a time when the facts were fresh in his memory: Section 859, L. O. L. His whole testimony was devoted to showing that the memoranda were correct, and, if true, did show they were. The testimony of the defendant is to the effect that no such statements were sent him in 1911, and later, as are detailed in plaintiff’s testimony, and of which plaintiff claims the memoranda offered…
2Cases cited7 opinions
- McLeod v. DespainOregon Supreme Court · 1907
- State v. MagersOregon Supreme Court · 1899
- Smith v. . DevlinNew York Court of Appeals · 1861
- Ross v. SchneiderIndiana Supreme Court · 1868
- Susewind v. LeverOregon Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Van Lom v. SchneidermanOregon Supreme Court · 1949
- Sherman, Clay & Co. v. Buffum & PendletonOregon Supreme Court · 1919
- Osburn v. DeforceOregon Supreme Court · 1927
- Umpqua Valley Bank v. WilsonOregon Supreme Court · 1926
- Huson v. Portland & Southeastern Railway Co.Oregon Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.