Daily capital journal. (Salem, Oregon) 1903-1919, 1915-11-09
Supreme Court Reverses
Judge Kelly's Decision In
U. 5. Rider Case
OVERSIGHT OF ATTORNEYS
CHANGES JUDGES RULING
Failed To Show That Defend
ant Had $50 When Order
ed Imprisoned

A debtor cannot be imprisoned for
debt in this state unless he has the
money and refuses to pay according to
the decision of the supreme court this
morning in the case of II. f. Mitchell
against u s. Rider, appealed from Ma
rion county. The supreme court re-
versed the decision of Judge Kelly, of
the circuit court Of this county, and re-
manded the ease for retrial.
This was an action brought by Mr..
Mitchell against Mr., Rider in the jus
aice court to punish the latter for con
tempt Of court for disobedienee Of an
order for the payment Of money. Mitch
ell secured Judgment against Rider in
the sum of S4l.55 with $25 attorney 8
fees and $765 costs. At that time the
defendant Rider was called into court
and testified that he had no property
but possessed $50 in cash and WAS or
dered to apply this sum on the judg
ment by the court. The order was dis-
regarded by Rider and he was tried in
Justice court On 4 contempt charge but
found not guilty ana discharged jap
uary 10, 1914.
The plaintiff Mitchell then appealed
to the circuit court where Rider was
found guilty Of contempt Of court and
ordered by Judge Kelly to be imprison'
ed in Jail until he paid the $50 on In.
! Judgment. From this decision Rider ap-
pealed to the circuit supreme court
where Chief Justice Moore today ruled
that the decision should be reversed be-
cause the plaintiff in the circuit court
failed to show that Rider possessed 500
| October 2 when the case was tried in
the circuit court.
Commenting upon this point Chiei
Justice Moore says:
at is possible the defendant, relying
upon the order of the Justices court,
finding him not guilty and dismissing
the proceedings, may have paid out
the money before the appeal was TAX
en-. In view of that possibility and as
the case was tried anew in the circuit
court, it was incumbent upon the re-
lator to offer testimony affirmatively
tending to prove that the defendant on
October g, 1914, was then possessed OF
the $50 and could have complied wit
the order to pay that sum on account OF
the Judgment, and to have secured II
finding of fact to that effect before
the defendant could have been incar'
cerated in Jail for failure to comply
with the command to make the pay
ment.
Justices Benson, Burnett and Me-
Bride conourred in the opinion. Attor-
neys Roy F. Shields and f. r. Ringo
appeared for the plaintiff and respon.
dent and Carey F. Martin represented
the appellunt-defendant.
The other opinions handed down by
the supreme court follow;
Otto Grice, ct al, vs. Oregon Wash
ington Railroad & Navigation company
appellant, appealed from Multnomah
county, submitted on petition for re-
hearing, former opinion adhered to, op
inion by Justice Burnett.
George c. Adams We. Corvallis
Eastern Railroad company, appellant
action for damages for personal injur
les, appealed from Linn county, opinion
by Justice Bean, Circuit Judge Kclly'f
Judgment for plaintiff affirmed.
Martha Henrickson VS. Hillsboro Gar
den Tracts, appellant, appealed from
Multnomah county suit to rescind
contract, opinion by Justice Harris, Cir
cult Judge Davis judgment for plain
! tiff reversed.
McIain Cooper vs.. Hillsboro Garden
Tracts. appellant, suit to cancel lano
contract, appealed from Multnomnl
county, opinion by Justice Harris Cir
cult Judge Davis opinion for plaintiff
reversed.
w. T.. Marshall VS.. Hillsboro Garder
Tracts, appellant, appealed from Mrr
nomah county suit to annul a lane
contract, opinion by Justice Harris, Cir
cult Judge Davis judgment for plain
tiff recersed.
Rehearings we're denied in Montesan'
Lumber & Milling company vs.. Portland
Iron Works and Hansel vs.. Norblad. Ap
neal was dismissed in State vs. Huff.