Sheppard v. Yocum
Oregon Supreme Court
Appeal from Polk County. The facts are stated in the opinion. The circuit court erred in permitting the plaintiff, while testifying as a witness, to point out to the jury, upon a diagram purporting to show the house, office and safe from which the money mentioned in the complaint was alleged to have been stolen. It was not authenticated by any authority and was totally incompetent as original testimony.
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Appeal from Polk County. The facts are stated in the opinion. The circuit court erred in permitting the plaintiff, while testifying as a witness, to point out to the jury, upon a diagram purporting to show the house, office and safe from which the money mentioned in the complaint was alleged to have been stolen. It was not authenticated by any authority and was totally incompetent as original testimony. It was not made by the witness, and could not, therefore, be referred to to refresh his memory. (Civil Code, p. 274, sec. 826; 1 "Wharton Ev., secs. 521-522.) The reason of the rule requiring…
1Opinion of the Court
By the Court,
Lord, J.:
This was an action of trover to' recover damages for the wrongful talcing, carrying away and conversion of the sum of $7,200, on the 6th day of November, 1877. The answer of the defendants denies each and every material allegation of the complaint, and as a further defense pleads the statute *407of limitations, alleging that more than two years had elapsed since the alleged taking, carrying away and conversion of the money named in the complaint, before the commencement of the action. The plaintiff replied, and the cause being at issue, a jury was empaneled to try the same;…
2Cases cited20 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Burrell v. StateTexas Supreme Court · 1857
- Baker v. JosephCalifornia Supreme Court · 1860
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Hill v. GustIndiana Supreme Court · 1876
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. BartmessOregon Supreme Court · 1898
- State v. NortinOregon Supreme Court · 1942
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- State v. GrayOregon Supreme Court · 1904
- State v. Yee GuckOregon Supreme Court · 1921
18 more not listed; retrieve them via the Exa API.