Daily capital journal. (Salem, Oregon) 1903-1919, 1919-02-11
SUPREME COURT HANDS
DOWN TWELVE DEGREES
Mrs. Springer Loses Suit
Wherein She Charged She
Was He'd As Insane.

SAASn wins al HAo ouAt uSahHSb tuC
heirs of j.. w. Maloney and Judge Per-
cy R. Kelly is affirmed.
In July of 1914 Mr.. Bligh sold to
Mr.. Maloney a moving picture thea
ter at Albany. The price was $1,000
cash and $2500 to be paid in $500 in
stallments semi-annually.
Shortly after the sale there was a
dispute as to the equipment of the
theater and no payments were made
to Mr.. Bhgh after the $1,000 paid at
the time of the sale. The contest in
the suit was on what is termed the
equipment of moving picture thea
ter. The opinion was written by JUS
tice Burnett and concurred in by Chief
Justice Mcbride and Justices Benson
and Harris.
Another opinionl handed down this
morning by the supreme court is "A
some local interest as it involves the
question of damages to a woman for
being confined a few months in the
insane asylum. The suit is that Of Win
ME Springer of Portland against the
officials of the Oregon state hospital
and primarily against DR.. Curtis Hol-
comb who gave Mrs. Springer an ex-
animation for insanity before making
his official report.
She alleged that without an order
for her arrest she was taken to a jail
in Portland, handcuffed, and later con
signed to the insane asylum wrongful
| ly Although she asserts she was sane,
she alleges she was confined in the
Oregon state hospital from Jan Is to
May 81, 1915.
The testimony in lhe case when
tried before Judge Belt developed the
fact that Mrs. Springer had been as
sociating with a preacher who termed
himself a "New Thought Healer"
and that her father had sworn out the
complaint for he rarrest.
In the trial before Judge Belt she
was given damages for $25OO.
The supreme court in its opinion
handed down this morning ruled that
Judge Belt had erred in his instruc-
tions and rulings and that the case
not only be reversed but dismissed as
WELL The opinion was written by
Chief Justice Mcbride,
Other opinions by the supreme court
this morning were as follows:
John w. Sweeney VS. Jackson coun-
ty, appellant appeal from Multnomah
county; suit for an accounting rela-
tive to road construction on Pacrfic
highway in jackson county. Opinion
by Justice Bean. Judge George M.
Davis affirmed IN
W. Il. Gilbert VS. Globe and Rutgers
Fire Insurance company, appellant, ap-
peal from Marion county; petition for
rehearing denied; opinion by Justice
Benson.
Viola M. Godfrey VS. Christina E.
Howes, executrix of the will of En-
sign E. Howes, appellant, appeal from
Multnomah county; suit for payment
Of money alleged due from decedent
collected for plaintiff under power Of
attorney; opinion by Justice Johns;
Judge Morrow affirmed.
=. d. Chapman, appellant, vs. Hood
River county court ct al, appeal llom
Hood River county; a suit contesting
ferry license granted by the county.
court; Opinion by Justice Johns; Judge
Wilson affirmed.
Wheelock and Williams vs. M A..
Richardson, appellant, appeal from
Multnomah county; suit to collect mon
ey for personal service rendered; opin-
ion by Justice Bennett. Judge Davis
affirmed
Hodsbn-F -Freenauehty company VS.
The Coast Culvert and Flume company
appellant, appeal from Multnomah
county; suit to- collect commissions
claimed for the sale of culverts; opin
ion by Justice Harris Judge Morrow
affirmed
M. Ford, appellant, VS. E. U. Hender-
son ct al, appeal from Yamhill coun-
ty; an appeal from an action in re-
plevin involving crop of oats at
tached by Henderson as constable;
opinion by Justice Harris; Judge
Belt affirmed.
Klamath Water Users association,
appellant, VS. s E Martin ct al, appeal
from Klamath county; suit to foreclose
lien given in connection with subscrip
tion to capital stock; opinion Dy JUS
tice Burnett; Judge Kuykendall af-
firmed.
w. r. Mckenzie and son, appellants,
VS. Douglas county ct al, appeal from
Douglas county; appeal from the judg
ment of the circuit court in dismissing
a writ of review which arose out Of
effort of plaintiff to collect fees for ex-
animation of county books. Opinion by
Chic JusticcD Mcbride. Judge J. w.
Hamilton reverse and case remanded.
Arthur Berridge and Co., appellants,
VS.. W. w. Nickel, appeal from Yamhill
county; proceeding in mandamus to
compel the county court to pass upon o
claim fplaintiff for services rendered
for auditing the books of Yamhill coun
ty pursuant to a contract with the state
insurance commission Opinion by
Chief Justice Mcbride Judge H. Fl.
Belt reversed