Brummett v. Parson, 78-7563
| Decision Date | 08 December 1980 |
| Docket Number | No. 78-7563,78-7563 |
| Citation | 49 Or.App. 588,619 P.2d 1355 |
| Parties | Betty J. BRUMMETT, Respondent, v. Pete PARSON, John Biggs and Wayne Allen, Appellants. ; CA 16819. |
| Court | Oregon Court of Appeals |
Terence J. Hammons, Eugene, argued the cause for appellants. With him on the briefs was Hammons & Jensen, Eugene.
William L. Tufts, Eugene, argued the cause for respondent. With him on the brief were Robert E. Krambs and Barber & Krambs, Eugene.
Before JOSEPH, P. J., and WARDEN and WARREN, JJ.
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 (), gives a party an absolute right to a poll upon request. See Eisele v. Rood, 275 Or. 461, 551 P.2d 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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...211 Or. 459, 467, 316 P.2d 497 (1957); Freeman v. Wentworth and Irwin, Inc., 139 Or. 1, 7 P.2d 796 (1932); Brummett v. Parson, 49 Or.App. 588, 619 P.2d 1355 (1980). The relevant statute is former ORS 17.355(2), which "When a verdict is given, and before it is filed, the jury may be polled o......
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