Scott v. Ford
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. This is an action by George W. Scott and H. A. Hammond, as executors of the last will and testament and estate of Church Sturtevant, deceased, against Eva Ford. From a judgment in favor of plaintiffs, defendant appeals. Statement by Mr. Commissioner King. This .is an action for the recovery of money alleged to have been paid by plaintiffs to defendant through mistake, and is here on appeal for the second time.
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From Lane: James W. Hamilton, Judge. This is an action by George W. Scott and H. A. Hammond, as executors of the last will and testament and estate of Church Sturtevant, deceased, against Eva Ford. From a judgment in favor of plaintiffs, defendant appeals. Statement by Mr. Commissioner King. This .is an action for the recovery of money alleged to have been paid by plaintiffs to defendant through mistake, and is here on appeal for the second time. In December, 1888, in the State of Illinois, Church Sturtevant made a will bequeathing a share of his estate to his daughter, Mrs. Stephens, but,…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
1. The main questions for decision involve the right of the trial court upon its own motion, and after a motion for judgment is filed, to set aside its findings of fact and conclusions of law and grant a new trial, a determination of which becomes necessary only in the event that defendant has been prejudiced, making it important first to ascertain whether, if the course pursued by the court had not been adopted, defendant’s *294motion should have been allowed. The proceedings were instituted to recover funds erroneously paid to defendant, and plaintiffs’ right of…
2Cases cited18 opinions
- Lloyd v. BrinckTexas Supreme Court · 1872
- Weber v. KirkendallNebraska Supreme Court · 1895
- Hoover v. KingOregon Supreme Court · 1903
- Canfield v. BostwickSupreme Court of Connecticut · 1852
- State ex rel. Brainerd v. AdamsSupreme Court of Missouri · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- David v. Yarborough v. United StatesCourt of Appeals for the Fourth Circuit · 1956
- Sunshine Dairy v. PetersonOregon Supreme Court · 1948
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
56 more not listed; retrieve them via the Exa API.