McCoy v. Crossfield.
Oregon Supreme Court
This is a suit by E. O. McCoy against George N. Crossfield for an accounting and dissolution of partnership. Defendant being dissatisfied with the decree rendered in the circuit court, appeals. There was a motion to dismiss the appeal on account of the failure of appellant to file his abstract, as required by the statute and rules of this court. By agreement the motion was heard, together with the argument, on the merits.
1Opinion of the CourtJustice McBride
We think that defendant has sufficiently excused his failure to file the abstract in this case, and the motion to dismiss will, therefore, be overruled.
1. Plaintiff contends that, as equity cases are, by statute, tried de novo in this court, he is entitled to ask for a decree in his favor for a greater sum than was allowed in the court below, and much of the discussion here has been in regard to items claimed by plaintiff and disallowed by the lower court. Plaintiff took no cross-appeal, and under the previous holding of this court, to which we still adhere, he cannot be heard to question the…
2Cases cited6 opinions
- Shook v. ColohanOregon Supreme Court · 1885
- Thorton v. KrimbellOregon Supreme Court · 1895
- Shirley v. BurchOregon Supreme Court · 1888
- Board of Regents v. HutchinsonOregon Supreme Court · 1905
- Goldsmith v. ElwertOregon Supreme Court · 1897
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3Cited by18 opinions
- LEVENE ET UX. v. City of SalemOregon Supreme Court · 1951
- Booras v. UyedaOregon Supreme Court · 1983
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Conlin v. OsbornCalifornia Supreme Court · 1911
- Gantenbein v. BowlesOregon Supreme Court · 1922
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