# Kenworthy v. Slooman

> Oregon Supreme Court · July 16, 1912 · 62 Or. 604

URL: https://www.frixlaw.com/law-library/cases/6902710

## Case

- **Full name:** KENWORTHY v. SLOOMAN
- **Court:** Oregon Supreme Court
- **Decided:** July 16, 1912
- **Citations:** 62 Or. 604; 125 P. 273; 1912 Ore. LEXIS 183
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Eakin
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6902710

## Opinion text

Decided. August 15, 1912.
On Rehearing.
4. The petition for rehearing only questions the order of the court remanding the case to the circuit court for further proceedings, contending that in equity the case is tried anew on the record, and final decree entered here.
The court is of the opinion that there was no doubt as to the issues tendered in the lower court, and that plaintiff had full opportunity to present his case, and therefore the case does not come within any of the exceptions to the rule, as stated in Smith v.. Wilkins, 31 Or. 421, 422 ( 51 Pac. 438 ) ; Robson v. Hamilton, 41 Or. 239 ( 69 Pac. 651 ; Branson v. Oregonian Ry. Co., 10 Or. 278 , and Brown v. Lewis, 50 Or. 358 ( 92 Pac. 1058 ), that in equity cases a final decree upon the record before the court shall be entered here, and one will be entered here dismissing the suit, with costs to defendants.
Reversed: Suit Dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6902710. Public record. Not legal advice.