Opinion

Rugenstein v. Ottenheimer

  • 78 Or. 371
  • 152 P. 215
  • 1915 Ore. LEXIS 14
Court
Oregon Supreme Court
Filed
Oct 13, 1915
Status
Published
Author
Bean
On the bench
Bean, Benson, Eakin
Cited by
12 cases

reversing for judge’s failure to disqualify himself on retrial, where judge had stated: “‘This case may be tried again, and it will be tried before me. I will see to that. And I will see that the woman gets another verdict and judgment that will stand’ ”

How later courts described this case

  • reversing for judge’s failure to disqualify himself on retrial, where judge had stated: “‘This case may be tried again, and it will be tried before me. I will see to that. And I will see that the woman gets another verdict and judgment that will stand’ ”

Written by the judges who cited it.

The opinion

Mr. Justice Bean

delivered the following dissenting opinion.

I think the instructions to the jury, taken as a whole, are correct. This is the second appeal of the case, and it should he affirmed under the provisions of Article VII, Section 3, of the Constitution, which was enacted by the people for the purpose of preventing numerous appeals in a case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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