Gaither v. Wallingford

Oregon Supreme Court

Gaither v. Wallingford

200 P. 910, 101 Or. 389, 1921 Ore. LEXIS 172

CourtOregon Supreme Court

DecidedSeptember 27, 1921

StatusPublished

Cited by4 cases

This text of 200 P. 910 (Gaither v. Wallingford) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaither v. Wallingford, 200 P. 910, 101 Or. 389, 1921 Ore. LEXIS 172 (Or. 1921).

Pincite

Opinion

McBRIDE, J.

1. The testimony in the case was somewhat conflicting, but we are of the opinion that there is some evidence tending to sustain each finding. We are therefore precluded from any inquiry into the comparative weight of the testimony.

2. Assuming, therefore, as we must, that the findings are correct, this case does not differ in principle from Petit v. Liston, 97 Or. 464 (191 Pac. 660, 11 A. L. R. 489). That case was carefully considered and we are not disposed in any way to depart from the doctrines therein enunciated. On the authority of that precedent and the cases therein cited, the judgment in the instant case must be affirmed, and it is so ordered. Affirmed.

Bean, Johns and Harris, JJ., concur.

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McBRIDE, J.

1. The testimony in the case was somewhat conflicting, but we are of the opinion that there is some evidence tending to sustain each finding. We are therefore precluded from any inquiry into the comparative weight of the testimony.

2. Assuming, therefore, as we must, that the findings are correct, this case does not differ in principle from Petit v. Liston, 97 Or. 464 (191 Pac. 660, 11 A. L. R. 489). That case was carefully considered and we are not disposed in any way to depart from the doctrines therein enunciated. On the authority of that precedent and the cases therein cited, the judgment in the instant case must be affirmed, and it is so ordered. Affirmed.

Bean, Johns and Harris, JJ., concur.

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Bluebook (online)

200 P. 910, 101 Or. 389, 1921 Ore. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaither-v-wallingford-or-1921.

Opinion

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