Legal Opinion

Humason v. Orr

Oregon Supreme Court

Decided November 18, 1915PublishedCited by 2 opinions

From Multnomah: William N. G-atens, Judge. Statement by Mr. Justice Harris. Augustus B. F. Orr filed his final account' as administrator of the estate of Mary A. Orr, deceased. The Probate Court approved the final account and overruled the objections made by Margaret Humason. The Circuit Court affirmed the findings of the Probate Court, and Margaret Humason then appealed to this court. Margaret.

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From Multnomah: William N. G-atens, Judge. Statement by Mr. Justice Harris. Augustus B. F. Orr filed his final account' as administrator of the estate of Mary A. Orr, deceased. The Probate Court approved the final account and overruled the objections made by Margaret Humason. The Circuit Court affirmed the findings of the Probate Court, and Margaret Humason then appealed to this court. Margaret. Humason also filed a petition to ascertain the heirs of Mary A. Orr, deceased, as provided for by Chapter 331 of the Laws of 1913. The Circuit Court refused to disturb the decree rendered by the…

1Opinion of the CourtJustice Harris

1. The undertaking having been served and filed, the appeal was perfected on August 9, 1915. On Septem*321ber 7, 1915, a circuit judge made an order extending the time for filing the transcript to October 2, 1915, and the transcript was filed on October 1st. It is argued that the Circuit Court had no authority to grant an extension of time, because the order was made without previous notice to the respondent. The argument proceeds upon the theory that notice must be given. It is interesting to note that prior to 1899 the statute read:

“The court or judge thereof may, upon notice to the respondent,…

2Cases cited15 opinions

  1. O'brien's PetitionSupreme Court of Connecticut · 1906
  2. Keady v. United Rys. Co.Oregon Supreme Court · 1910
  3. Johnson v. IankovetzOregon Supreme Court · 1910
  4. Mendenhall's WillOregon Supreme Court · 1903
  5. Corder v. SpeakeOregon Supreme Court · 1898

10 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Simpson v. WinegarOregon Supreme Court · 1927
  2. In Re Cooke's EstateOregon Supreme Court · 1941

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