Salmon v. Olds & King

Citations

• 9 Or. 488

Syllabus

<p>Practice — Nonsuit.</p> <p>A defendant is not entitled to a nonsuit where, upon the pleadings and evidence introduced, a prima facie case has been made out against him.</p> <p>Pleadings— Evidence.</p> <p>An irrelevant, or erroneous instruction, upon an abstract question of law, and wholly inapplicable to any issue upon the pleadings or evidence in the case, will not render a reversal of the judgment necessary, unless the record justifies the inference that it did mislead the jury to the prejudice of appellant’s rights.</p> <p>Damages — Measure of.</p> <p>The plaintiff' only claiming, in her complaint, the value of the property converted, as the measure of her damages arising from the act of conversion, the regularity of the proceedings at the constable’s sale was immaterial, and any instructions as to the steps necessary to a valid sale, could not injure the appellants.</p>