State v. Rider
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Harris. This is a motion to dismiss an appeal from tbe judgment of tbe Circuit Court of Marion County finding tbe defendant guilty of contempt.
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Harris. This is a motion to dismiss an appeal from tbe judgment of tbe Circuit Court of Marion County finding tbe defendant guilty of contempt. Tbe reasons assigned in tbe motion are that: (1) No bill of exceptions was allowed or filed; (2) tbe evidence bas not been brought before tbis court; (3) tbe abstract filed herein is insufficient because the affidavit for contempt on which tbe judgment was based is not set forth in full, tbe findings of fact are only partially recited, and tbe conclusions of law are omitted; (4) there are no…
1Opinion of the CourtJustice Harris
1. One of the questions sought to be determined by this appeal is whether the sentence imposed by the court exceeds the limits fixed by statute. An examination of the judgment, as we find it exemplified in the record, will reveal a recital of sufficient facts to enable a decision of the point raised. At least one phase of the case can be submitted on appeal without the presence of a bill of exceptions, and even though other questions discussed in the brief could not be considered without the evidence and a bill of exceptions.
2. If plaintiff deemed the abstract imperfect or unfair, an…
2Cases cited3 opinions
- Smith v. Algona Lumber Co.Oregon Supreme Court · 1913
- Francis v. BohartOregon Supreme Court · 1914
- Proctor v. JefferyOregon Supreme Court · 1914
3Cited by6 opinions
- Hunt v. First National BankOregon Supreme Court · 1921
- Maxson v. Ashland Iron WorksOregon Supreme Court · 1917
- Nicholas v. Yamhill CountyOregon Supreme Court · 1920
- Astoria v. ZindorfOregon Supreme Court · 1920
- McGilchrist v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1916
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