American Mortgage Co. v. Hutchinson
Oregon Supreme Court
Appeal from. Union county: Jas. A. Fee, judge. The respondent herein, a private corporation, commenced an action against the appellants to recover possession of certain real property situated in said Union county, alleging that they wrongfully withheld from said respondent the possession thereof. The appellants denied the allegations contained in the complaint and alleged ownership of the property in themselves.
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Appeal from. Union county: Jas. A. Fee, judge. The respondent herein, a private corporation, commenced an action against the appellants to recover possession of certain real property situated in said Union county, alleging that they wrongfully withheld from said respondent the possession thereof. The appellants denied the allegations contained in the complaint and alleged ownership of the property in themselves. A reply was filed denying the allegations of new matter set up in the answer. Thereupon the said parties entered into the following stipulation: It is hereby stipulated by and between…
1Opinion of the CourtThayer, C. J.
The circuit court erred in trying the case after having set aside the verdict of the jury. It has no authority to try any action at law unless a jury trial is waived in the manner provided in the Civil Code. If the court had deemed it its duty to determine the case in favor of the respondent upon the law, it should have directed a verdict in favor of the respondent at the trial. As the case stands this court has no alternative but to reverse the judgment and remand the cause for a new trial. This is sufficient to dispose of the case so far as this court is concerned; but as it must go back…
2Cases cited10 opinions
- Richardson v. LeviTexas Supreme Court · 1887
- Frey v. CliffordCalifornia Supreme Court · 1872
- Fox v. HallSupreme Court of Missouri · 1881
- Allison v. ThomasCalifornia Supreme Court · 1887
- Chapman v. SimsMississippi Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- Hanscom v. IrwinOregon Supreme Court · 1949
- Thorp v. Department of Motor VehiclesCourt of Appeals of Oregon · 1971
- Schnitzer v. SteinOregon Supreme Court · 1920
- Lindblom v. RocksCourt of Appeals for the Ninth Circuit · 1906
8 more not listed; retrieve them via the Exa API.