D.C. THOMPSON AND CO. v. HAUGE

TC C-7286; CA A32426; SC S31602.

717 P.2d 1169 (1986)

300 Or. 651

D.C. THOMPSON AND COMPANY, Respondent On Review, v. David B. HAUGE and Michele L. Hauge, Petitioners On Review.

Supreme Court of Oregon.

Decided April 1, 1986.


Attorney(s) appearing for the Case

Blair J. Henningsgaard, Brownhill & Henningsgaard, Astoria, argued the cause and filed briefs for petitioners on review.

Elizabeth A. Baldwin, Astoria, argued the cause and filed a brief for respondent on review.

Before LENT, P.J., and LINDE, CAMPBELL, ROBERTS, CARSON and JONES, JJ.


LENT, Justice.

There are two issues. The first is whether failure to file a timely undertaking on appeal is a jurisdictional defect. The second is whether after a verdict is received and the jury is discharged, juror affidavits may be received and a new trial ordered based upon juror error in interpreting the effect of the verdict. As to the first issue, we hold that the untimely filing of the undertaking was not a jurisdictional defect. As to the second, we hold...

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