Smith v. McDuffee
Oregon Supreme Court
From Grant: Dalton Biggs, Judge. Department 1. Statement by Me. Justice Mooee. This is an action by David G. Smith against Wm. W. McDuffee, Andrew Edling and Wm. Von Behren, to recover damages for an alleged illegal entry upon certain real property and an averred unauthorized search of dwelling-houses and other buildings thereon, accompanied by acts of asserted aggravation.
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From Grant: Dalton Biggs, Judge. Department 1. Statement by Me. Justice Mooee. This is an action by David G. Smith against Wm. W. McDuffee, Andrew Edling and Wm. Von Behren, to recover damages for an alleged illegal entry upon certain real property and an averred unauthorized search of dwelling-houses and other buildings thereon, accompanied by acts of asserted aggravation. The facts out of which this action arose are that a son and a stepdaughter of the plaintiff, David G. Smith, on May 15, 1912, attended a picnic in Grant County, Oregon, carrying a luncheon consisting of sandwiches…
1Opinion of the CourtJustice Moore
It is contended that, in receiving in evidence, over objection and exception, the affidavit for a search-warrant, the process issued pursuant thereto, and the excerpt from the justice’s docket, copies of which, as hereinbefore displayed, were substituted in the bill of exceptions, errors were committed. These questions *281will be considered only in so far as they are involved in tbe remaining inquiry, to wit: An exception having been taken to a part of the court’s charge, it is insisted that an error was committed in telling the jury:
“I further instruct you that the defendant Andrew Edling, was…
2Cases cited15 opinions
- State v. GriswoldSupreme Court of Connecticut · 1896
- House v. JacksonOregon Supreme Court · 1893
- McClurg v. BrentonSupreme Court of Iowa · 1904
- Bogard v. BarhanOregon Supreme Court · 1908
- State v. RaderOregon Supreme Court · 1912
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3Cited by35 opinions
- United States v. BorkowskiDistrict Court, S.D. Ohio · 1920
- State v. CortmanOregon Supreme Court · 1968
- State v. FloresCourt of Appeals of Oregon · 1984
- State v. McDanielOregon Supreme Court · 1924
- State v. McLennanIdaho Supreme Court · 1925
30 more not listed; retrieve them via the Exa API.