63 P. 881 | Or. | 1901
after stating the facts, delivered the opinion of the court.
The Constitution of Oregon, Article I, § 17, guaranties to every suitor in a civil action the right to a trial by a jury, of which right he cannot be deprived by the court on its own motion or that of his adversary, unless it affirmatively appears, with reasonable certainty, that the trial will require the examination of a long account on either side: Hill’s Ann. Laws, § 222. Just how long an account must be in order to justify a compulsory reference has not been, and, in the nature of the case, cannot be, exactly determined. Mr. Cooper says: “That the account must be ‘long’is conceded, but just how long it should be the courts have not decided. In fact, from the nature of the case, it is impossible exactly to determine how long the account should be; and, if it were, it would be impolitic and work injustice to lay down rigid
Applying these principles to the case in hand, it is appar
Reversed.