# Rugenstein v. Ottenheimer

> Oregon Supreme Court · October 13, 1915 · 78 Or. 371

URL: https://www.frixlaw.com/law-library/cases/6905093

## Case

- **Full name:** RUGENSTEIN v. OTTENHEIMER
- **Court:** Oregon Supreme Court
- **Decided:** October 13, 1915
- **Citations:** 78 Or. 371; 152 P. 215; 1915 Ore. LEXIS 14
- **Precedential status:** Published
- **Opinion:** Dissent by Bean
- **Judges:** Bean, Benson, Eakin
- **Cited by:** 12 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/6905093

## How later opinions describe it (automated extraction)

- 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’ ”
- 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.”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6905093. Public record. Not legal advice.