O'Connor v. Towey
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. This is a suit by Charlotta A. O’Connor against Mary Towey, and Patrick Towey, by J. H. Fox, his guardian, intervenes. The lower court rendered a decree in favor of defendant, Mary Towey, and plaintiff appeals. Respondent now moves to dismiss appeal. Motion denied. Afterward on May 19, 1914, the appeal is dismissed without costs to either party.
1Opinion of the Court 1
In Banc.
2Opinion of the Court · McNaryJustice McNary
1. This is a motion to dismiss an appeal. The first reason assigned goes to the insufficiency of the evidentiary record, in this: That the record filed “does not contain all the evidence introduced upon the trial of the above-entitled cause, nor sufficient thereof to enable the court to review the entitled cause.” This is not a ground for the dismissal of an appeal from a decree. The only penalty visited upon appellant who is responsible for such a situation is the refusal of the court to consider any matter other than the sufficiency of the pleadings: Wyatt v. Wyatt, 31 Or. 534 (49…
3Cases cited4 opinions
- Wyatt v. WyattOregon Supreme Court · 1897
- Elliott v. BozorthOregon Supreme Court · 1908
- Morrison's EstateOregon Supreme Court · 1906
- Drouilhat v. RottnerOregon Supreme Court · 1886
4Cited by7 opinions
- Nealan v. RingOregon Supreme Court · 1919
- Willow River Water Users Ass'n v. Orchards Water Co.Oregon Supreme Court · 1924
- Wood v. School District No. 13Oregon Supreme Court · 1923
- Doehler v. LansdonOregon Supreme Court · 1931
- Lebb v. PeabodyOregon Supreme Court · 1922
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