Clackamas Southern Ry. Co. v. Vick
Oregon Supreme Court
Prom Clackamas: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by the Clackamas Southern Railway Company, a corporation, against J ohn H. Vick to recover the sum subscribed by the defendant for the corporate stock of the plaintiff.
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Prom Clackamas: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by the Clackamas Southern Railway Company, a corporation, against J ohn H. Vick to recover the sum subscribed by the defendant for the corporate stock of the plaintiff. The cause, being at issue, was tried without the intervention of a jury, and from the evidence taken the court, without making any findings of fact or of law, gave judgment for plaintiff, and the defendant appeals.
1Opinion of the CourtJustice Moore
The right of trial by jury is guaranteed where the value in controversy exceeds $20: Article VII, Section 3 of the Constitution. The trial of an issue of fact may be waived, however, in actions on contract, by the parties and in other actions by consent of the parties and assent of the court: Section 157, L. O. L. When an issue of fact is tried by the court its decision shall he given in writing and filed with the clerk, and shall state the facts found and the conclusions of law separately. Such findings shall be entered in the journal and judgment given thereon: Section 158, L. O. L. The…
2Cases cited13 opinions
- Moody v. RichardsOregon Supreme Court · 1896
- Freeman v. TrummerOregon Supreme Court · 1907
- Taffe v. SmythOregon Supreme Court · 1912
- Wells v. Great Northern Ry. Co.Oregon Supreme Court · 1911
- Frederick & Nelson v. BardOregon Supreme Court · 1913
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3Cited by7 opinions
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- Glickman v. SolomonOregon Supreme Court · 1932
- Warren v. DinwoodieOregon Supreme Court · 1918
- American Central Insurance v. WellerOregon Supreme Court · 1923
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