Marks v. First Nat. Bank
Oregon Supreme Court
From Douglas: George F. Skipworth, Judge. Action by H. P. Marks against the First National Bank of Roseburg, wherein a judgment was rendered on the verdict of a jury in favor of defendant, and plaintiff appealed. Department 1. Statement by Mr. Justice MoCamant. This is an action brought by plaintiff on his own behalf and as assignee of three of his relatives, to recover alleged balances of their deposits with the defendant.
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From Douglas: George F. Skipworth, Judge. Action by H. P. Marks against the First National Bank of Roseburg, wherein a judgment was rendered on the verdict of a jury in favor of defendant, and plaintiff appealed. Department 1. Statement by Mr. Justice MoCamant. This is an action brought by plaintiff on his own behalf and as assignee of three of his relatives, to recover alleged balances of their deposits with the defendant. The answer denies the material allegations of the complaint and alleges affirmatively that the deposits claimed had been withdrawn from the bank by T. E. Sheridan,…
1Opinion of the CourtJustice McCamant
1. There are but three assignments of error. The one most insisted on is the entry of judgment for the defendant, plaintiff insisting that there is no evidence to support the verdict. Plaintiff made no motion for a directed verdict, nor did he otherwise raise in the lower court the question on which he now relies. It has been repeatedly held that the jurisdiction of this court is appellate and its province is to correct the errors of the Circuit Court. If the Circuit Court has committed no error this court cannot reverse its judgment. In the absence of some ruling in the Circuit Court on the…
2Cases cited9 opinions
- Shmit v. DayOregon Supreme Court · 1895
- First National Bank v. PeckIndiana Supreme Court · 1913
- Nunn v. BirdOregon Supreme Court · 1900
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- United States Mortgage Co. v. MarquamOregon Supreme Court · 1902
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3Cited by10 opinions
- Frangos v. EdmundsOregon Supreme Court · 1946
- Peiffer v. HoytOregon Supreme Court · 2005
- Hunt v. Security State BankOregon Supreme Court · 1919
- Dahl & Penne, Inc. v. State BankOregon Supreme Court · 1924
- West v. HedgesOregon Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.