16 Or. 121 | Or. | 1888
This is an action for malicious prosecution. The plaintiff had a verdict for one hundred and fifty dollars, upon which judgment was entered, from which this appeal is taken. We have carefully examined the record, and are unable
The appellant’s counsel relies upon his exception to the charge of the court, to the effect that the testimony of Anson Woods was not material, and therefore in law could not be perjury. The evidence which is in the bill of exceptions to which the instruction is supposed to refer is presented in such a manner that it is impossible for us to say whether it was material or not. It does not relate to any issue in the case, and if material, could only become so on some collateral inquiry. Whether it did become material in that way it is impossible for us to determine on the record before us.
The court fully and correctly instructed the jury as to the law on every point in the case, and while we might differ with the jury as to their conclusions of fact, we have no power to disturb the verdict for that reason.
Let the judgment of the court below be affirmed.