Hawkins v. Jones
Oregon Supreme Court
Appeals — Damages on Abandonment — Practice in Supreme Court. — When an appeal is abandoned in cases where the judgment or decree is for the recovery of money or personal property or the value thereof, the respondent may, on notice to the appellant, under rule 7 regulating the practice in this court, file copies of the notice of appeal, undertaking, and decree or judgment, and will be entitled on motion to an affirmance of the judgment or decree appealed from; and in such…
Read the full summary
Appeals — Damages on Abandonment — Practice in Supreme Court. — When an appeal is abandoned in cases where the judgment or decree is for the recovery of money or personal property or the value thereof, the respondent may, on notice to the appellant, under rule 7 regulating the practice in this court, file copies of the notice of appeal, undertaking, and decree or judgment, and will be entitled on motion to an affirmance of the judgment or decree appealed from; and in such cases, if it appear that the appeal was taken for delay and not in good faith, this court will add to the judgment or…
1Opinion of the Court
Strahan, C. J.—
Counsel for the motion relies upon section 547, Hill’s Code, which provides: . “Whenever a judgment or decree is affirmed on appeal, and the same be for recovery of money or personal property, or the value thereof, the judgment or decree shall be given for ten per centum on the amount thereof for damages for the delay, *503unless it appear evident to the appellate court that there was probable cause for taking the appeal.” This section relates entirely to causes that are heard in this court on appeal, and not to such cases as may be affirmed under rule 7, where the appeal is…
2Cited by5 opinions
- Huber v. ShedoudyCalifornia Supreme Court · 1919
- Loveland v. PlantOregon Supreme Court · 1930
- Wesley v. WoodsCourt of Appeals of Oregon · 1979
- Lester v. ElwertOregon Supreme Court · 1893
- Osborn v. Newberg Orchard Ass'nOregon Supreme Court · 1900