75 P. 1067 | Or. | 1904
after stating the facts in the above terms, delivered the opinion of the court.
Now, turning to the record in this case, there was no evidence, as we read it, given or offered on the trial, that the local lodge, or any member or officer thereof, knew at the time Whigham was admitted to the order that his
David Phillips, the member of the order that indorsed Whigham’s application, testified that at the time he was a subordinate officer in the court; that he knew Whigham
Considerable was said at the argument and in the brief about the court physician and some of the officers of the local lodge knowing of Whigham’s being repeatedly in
It follows that the judgment of the court below must be reversed, but, as the defect in the testimony may be overcome on another trial, the cause will be remanded for such further proceedings as may be proper, not inconsistent with this opinion. Reversed.