Backhaus v. Buells
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This is an action of replevin for hops, and resulted in a judgment for defendant, from which plaintiff appeals. A motion to dismiss the appeal for want of a proper record was overruled, the opinion being written by Mr. Justice Wolverton. Subsequently the case was heard on the merits of the appeal, and affirmed in an opinion by Mr. Chief Justice Moore.
1Opinion of the Court 1
On Motion to Dismiss the Appeal.
2Opinion of the Court · WolvertonJustice Wolverton
This is a motion to dismiss the appeal herein, because certain exhibits, designated B, O, D, E, and F, which are attached to and made a part of defendants’ third and separate defense, are not contained either in the abstract or any transcript filed in this court. The purpose of the defense referred to was to set up a former adjudication, and these exhibits are copies of the complaint, answer, reply, motion for judgment, and judgment, in the first action. There was a motion interposed by defendants in the present cause for judgment on the pleadings, which was…
3Cited by28 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Briedwell v. HendersonOregon Supreme Court · 1921
- Laam v. GreenOregon Supreme Court · 1922
- Forbush v. San Diego Fruit & Produce Co.Idaho Supreme Court · 1928
- Smith v. Algona Lumber Co.Oregon Supreme Court · 1913
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