Fitzhugh v. Nirschl
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice McBbide. This is an action by John R. Fitzhngh against Andrew Nirschl to recover damages because of fraudulent cancealment by defendant of the fact that certain cattle sold by him to plaintiff were diseased.
Read the full summary
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice McBbide. This is an action by John R. Fitzhngh against Andrew Nirschl to recover damages because of fraudulent cancealment by defendant of the fact that certain cattle sold by him to plaintiff were diseased. The complaint alleged that in the latter part of the year 1913 he purchased from defendant a herd of cattle for the purpose of stocking a ranch in Lane County, which purpose was well known to defendant; that at the time of the purchase of said cattle they were afflicted with an infectious disease commonly known as the…
1Opinion of the CourtJustice McBride
1. It appears from the record that the stenographer’s notes showed no exception to the ruling of the court excluding the testimony of the witness Perkins, and that the court refused to certify that any exception was taken. Therefore plaintiff, in order to bring himself within the provisions of Section 170, L. O. L., presented to the court the affidavits of himself, I. W. Fitzhugh, Carl Hopkins and H. E. Slattery, his attorney, as to the fact of the exception, and presented the same to the court. None of these affidavits were taken before the clerk, and it appears by an affidavit filed in the…
2Cases cited5 opinions
- Blodget v. BrinsmaidSupreme Court of Vermont · 1837
- Grigsby v. StapletonSupreme Court of Missouri · 1887
- Hasceig v. TrippMichigan Supreme Court · 1870
- Lyon v. HamorSupreme Judicial Court of Maine · 1881
- Lovering v. LamsonSupreme Judicial Court of Maine · 1863
3Cited by6 opinions
- Benson v. BirchOregon Supreme Court · 1932
- State of Oregon v. YatesOregon Supreme Court · 1956
- Ruegsegger v. McCarleyOregon Supreme Court · 1972
- State v. LondonOregon Supreme Court · 1920
- Christensen v. ReidOregon Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.