Legal Opinion

First National Bank v. Miller

Oregon Supreme Court

Decided December 11, 1906PublishedCited by 5 opinions

From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is an action by the First National Bank of Payette, Idaho, a corporation, against William Miller, to recover money. The faets are that the defendant, who is an attorney at law, commenced an action in the circuit court of Malheur County for one Henry Helmick against one O. W. Porter, and on April 11, 1903, recovered therein the sum of $2,930.22, including costs and disbursements.

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From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is an action by the First National Bank of Payette, Idaho, a corporation, against William Miller, to recover money. The faets are that the defendant, who is an attorney at law, commenced an action in the circuit court of Malheur County for one Henry Helmick against one O. W. Porter, and on April 11, 1903, recovered therein the sum of $2,930.22, including costs and disbursements. Sixteen days thereafter Helmick assigned the judgment to the plaintiff herein by an instrument appointing such corporation his irrevocable…

1Opinion of the CourtJustice Moore

At the threshold we are confronted with a motion to affirm *589the judgment, on the ground that the errors relied on for a reversal are not specified with sufficient certainty, and that the bill of exceptions violates the provisions of the statute (B. & C. Comp. § 171), by including therein matters not necessary to an explanation of the alleged assignments of error. This cause having been tried at Pendleton, the appellant was required to serve a brief containing a concise statement of the errors on which he relied: Subd. b,rule 32 of the Supreme Court (35 Or. 587, 608). The assignments stated in…

2Cases cited8 opinions

  1. Frink v. RoeCalifornia Supreme Court · 1886
  2. Gilbert v. HolmesIllinois Supreme Court · 1872
  3. Gregoire v. RourkeOregon Supreme Court · 1895
  4. MacGregor v. GardnerSupreme Court of Iowa · 1862
  5. Blackstone v. ButtermoreSupreme Court of Pennsylvania · 1867

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

3Cited by5 opinions

  1. Lewis v. Bucyrus-Erie, Inc.Supreme Court of Missouri · 1981
  2. Phipps v. WillisOregon Supreme Court · 1908
  3. Alderson v. LeeOregon Supreme Court · 1908
  4. French & Co. v. HaltenhoffOregon Supreme Court · 1914
  5. American Central Insurance v. WellerOregon Supreme Court · 1923

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