Brummett v. Parson

Court of Appeals of Oregon

Brummett v. Parson

619 P.2d 1355, 49 Or. App. 588, 1980 Ore. App. LEXIS 3885

CourtCourt of Appeals of Oregon

DecidedDecember 8, 1980

DocketNo. 78-7563, CA 16819

StatusPublished

Cited by3 cases

This text of 619 P.2d 1355 (Brummett v. Parson) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brummett v. Parson, 619 P.2d 1355, 49 Or. App. 588, 1980 Ore. App. LEXIS 3885 (Or. Ct. App. 1980).

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Opinion

PER CURIAM

In this action for fraud defendants appeal a judgment in favor of the plaintiff based on the jury verdict. Defendants assign as error the trial court’s refusal of defendants’ request for a poll of the jury, made immediately after the verdict was received. The statute in effect when this case was tried, ORS 17.355 (since repealed but with substantially the same language preserved in Oregon Rules of Civil Procedure, Rule 59 G.(3)), gives a party an absolute right to a poll upon request. See Eisele v. Rood, 275 Or 461, 551 P2d 441 (1976).

A review of that portion of the record relevant to this issue satisfies us that defendants did not waive their right to have the jury polled.

Reversed and remanded.

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PER CURIAM

In this action for fraud defendants appeal a judgment in favor of the plaintiff based on the jury verdict. Defendants assign as error the trial court’s refusal of defendants’ request for a poll of the jury, made immediately after the verdict was received. The statute in effect when this case was tried, ORS 17.355 (since repealed but with substantially the same language preserved in Oregon Rules of Civil Procedure, Rule 59 G.(3)), gives a party an absolute right to a poll upon request. See Eisele v. Rood, 275 Or 461, 551 P2d 441 (1976).

A review of that portion of the record relevant to this issue satisfies us that defendants did not waive their right to have the jury polled.

Reversed and remanded.

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Bluebook (online)

619 P.2d 1355, 49 Or. App. 588, 1980 Ore. App. LEXIS 3885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brummett-v-parson-orctapp-1980.

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