Gearin v. Portland Ry. Light & Power Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. This is an action by Hugh C. Gearin and Walter J. Gearin, partners, against the Portland Railway Light & Power Company, a corporation. The facts upon which respondent’s motion to dismiss the appeal is based, are as follows: On March 8, 1910, the jury, in the trial of this action, in the circuit court, returned a verdict for the defendant, upon which judgment was rendered the same day.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. This is an action by Hugh C. Gearin and Walter J. Gearin, partners, against the Portland Railway Light & Power Company, a corporation. The facts upon which respondent’s motion to dismiss the appeal is based, are as follows: On March 8, 1910, the jury, in the trial of this action, in the circuit court, returned a verdict for the defendant, upon which judgment was rendered the same day. On March 18, 1910, whether by leave of court or otherwise does not appear, the plaintiff filed a motion for new trial on the ground of:…
1Opinion of the CourtJustice Burnett
The chapter on appeals opens with Section 548, L.O.L.:
“A judgment or decree may be reviewed as prescribed in this chapter, and not otherwise. An order áffecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein, or a final order affecting a substantial right and made in a proceeding after judgment or decree, or an order setting aside a judgment and granting a new trial, for the purpose of being reviewed, shall be deemed a judgment or decree.”
Section 550, L. O. L., prescribes that “an appeal shall be taken and perfected in the…
2Cases cited10 opinions
- Brockett v. BrockettSupreme Court of the United States · 1844
- Macartney v. ShipherdOregon Supreme Court · 1911
- Cooper v. YoakumTexas Supreme Court · 1898
- Doorley v. Buford & George Manufacturing Co.Supreme Court of Oklahoma · 1897
- New York, Chicago & St. Louis Railroad v. DoaneIndiana Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Oxman v. Baker CountyOregon Supreme Court · 1925
- Kline v. MurrayMontana Supreme Court · 1927
- In re SneddonOregon Supreme Court · 1914
- Skelton v. NewbergOregon Supreme Court · 1915
- Hewey v. AndrewsOregon Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.