Coulter v. Portland Trust Co.
| Decision Date | 08 July 1891 |
| Citation | 27 P. 266,20 Or. 469 |
| Parties | COULTER v. PORTLAND TRUST CO. SAME v. RASH. SAME v. WARNER. |
| Court | Oregon Supreme Court |
On rehearing. For former report, see 26 P. 565.
Counsel for appellant have filed application in the nature of a petition for rehearing as to that part of the judgment directing a new trial, on the ground that the findings of fact in the record entitle them to a direction from this court that final judgment be entered in favor of the appellant on the finding of fact. That question is an important one in practice, but it was not made by the appellant upon the argument, nor suggested until after the entry of judgment here. The respondent, therefore, had no convenient opportunity to consider or answer it. No doubt, in most cases tried by the court without a jury, when the court errs in its conclusions of law, and the judgment is reversed for that reason, the better practice is for this court to correct the findings of law and direct what judgment shall be entered; but in such case the appellant ought to insist upon that mode of procedure at the argument, when the whole question can be considered, and not wait until a new trial is awarded, and then suggest the question for the first time. A new trial can result in no injury to either party, and under the circumstances of this case the application for rehearing will be denied. In the cases of Coulter v. Rash and Coulter v. Warner the same question is presented, and the like order will be entered.
To continue reading
Request your trial
-
Giustina v. United States
...ex rel. Stevenson v. Law & Order Club, 203 Ill. 127, 67 N.E. 855, 62 L.R.A. 884; Coulter v. Portland Trust Co., 20 Or. 469, 26 P. 565, 27 P. 266; Olsen v. Rasmussen, 146 Or. 648, 654, 30 P.2d 329. Long before the date of the contract in question both the United States Supreme Court and the ......
-
State v. Missouri Athletic Club
...James v. State, 124 Ga. 72, 52 S. E. 295; Howell v. State, 124 Ga. 698, 52 S. E. 649; Coulter v. Portland, 20 Or. 469, 26 Pac. 565, 27 Pac. 266. Justice Gray, of the United States Supreme Court, in Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct. 210, 28 L. Ed. 198, said "A sale, in the ordinar......
-
Hartwig v. Rushing
...given its restricted meaning; as, for example, powers of attorney and the like. Coulter v. Portland Trust Co., 20 Or. 469, 481, 26 P. 565, 27 P. 266; Colgan v. Farmers' & Mechanics' Bank, 59 469, 480, 106 P. 1134, 114 P. 460, 117 P. 807; Mora v. Murphy, 83 Cal. 12, 23 P. 63. When used in it......
-
Wade v. Northup
...spirit of the power conferred upon him. The defendants rely mainly upon the case of Coulter v. Portland Trust Co., 20 Or. 469, 26 P. 565, 27 P. 266. In that case, under a power of attorney authorizing the thus created to buy, sell, or transfer real estate, the attorney in fact conveyed the ......