Legal Opinion

Morrison v. Hall

Oregon Supreme Court

Decided November 23, 1909PublishedCited by 5 opinions

From Multnomah: John B. Cleland, Judge. Defendant appealed from a judgment rendered against him in action upon a promissory note. Plaintiffs moved for an affirmation of the judgments on the ground that defendant and appellant, without reasonable excuse, failed to file a printed abstract of the record within time.

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From Multnomah: John B. Cleland, Judge. Defendant appealed from a judgment rendered against him in action upon a promissory note. Plaintiffs moved for an affirmation of the judgments on the ground that defendant and appellant, without reasonable excuse, failed to file a printed abstract of the record within time. The transcript was filed July 26, 1909, On September 23, 1909, no abstract having been served or filed by appellant, plaintiffs served and filed this motion, in which, in addition to the relief of affirmance, he asks that damages to the extent of 10 per centum of the judgment be…

1Per curiam

1

Rule 4 requires that, within 20 days after the transcript is filed in a civil case, the appellant shall serve and file his printed abstract of the record (50 Or. 571: 91 Pac. viii) and for a noncompliance with this rule the judgment appealed from may be affirmed or dismissed. Swanson v. Leavens, 26 Or. 561 (40 Pac. 230) ; Close v. Close, 28 Or. 108 ( 42 Pac. 128.) The default is admitted, and in extenuation it is alleged that *244it was not intentional, but was an oversight of defendant’s attorney growing out of a press of business in other directions forced upon him by the serious illness of…

2Cases cited3 opinions

  1. Close v. CloseOregon Supreme Court · 1895
  2. Swanson v. LeavensOregon Supreme Court · 1894
  3. Shafer v. BeecherOregon Supreme Court · 1909

3Cited by5 opinions

  1. Broyles v. Estate of BrownOregon Supreme Court · 1983
  2. Wesley v. WoodsCourt of Appeals of Oregon · 1979
  3. Yamhill Sanitary Public Market Co. v. StrowbridgeOregon Supreme Court · 1916
  4. State Ex Rel. Swalko v. ElliottOregon Supreme Court · 1925
  5. Broyles v. Estate of BrownOregon Supreme Court · 1983

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