ROSENCRANS ET UX. v. BENNETT ET UX.


193 Or. 45 (1951)

236 P.2d 798

ROSENCRANS ET UX. v. BENNETT ET UX.

Supreme Court of Oregon.

Reversed with directions October 24, 1951.


Attorney(s) appearing for the Case

Ramstead & Huey, of Eugene, filed a brief for appellants.

Day T. Bayly, of Eugene, argued the cause and filed a brief for respondents.

Before BRAND, Chief Justice, and HAY, LUSK, LATOURETTE and TOOZE, Justices.


REVERSED WITH DIRECTIONS.

LATOURETTE, J.

On April 18, 1950, after a jury trial, a judgment based on the verdict was entered of record in favor of plaintiffs against defendant, Fay M. Bennett, in the sum of $500. Thereafter, on April 24, 1950, said defendant moved to set aside the judgment and for a judgment notwithstanding the verdict or, in the alternative, for a new trial, said motion being as follows:

"COMES NOW, the defendant, Fay M. Bennett,...

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