Basim v. Wade
Oregon Supreme Court
From AVallowa : Robert EakiN, Judge. Statement by Mr. Justice Hailey. The plaintiff, Judson Basim, brought an action against Aaron Wade, and at the trial, upon his own motion, had r nonsuit entered without prejudice, with judgment for costs and disbursements against him.
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From AVallowa : Robert EakiN, Judge. Statement by Mr. Justice Hailey. The plaintiff, Judson Basim, brought an action against Aaron Wade, and at the trial, upon his own motion, had r nonsuit entered without prejudice, with judgment for costs and disbursements against him. After the expiration of five days from the rendition of the judgment defendant served and filed his statement of costs and disbursements, and, no objections thereto having been filed by plaintiff within five days from the filing thereof, such costs and disbursements were entered as of course by the-clerlc as a part of the…
1Opinion of the CourtJustice Hailey
The question before us is when, under Section 568, B. &. C. Comp., as amended in 1903 (Laws 1903, p. 209), must, a judgment debtor file his objections to the statement of costs and disbursements of a judgment creditor, filed after-the expiration of five days after the rendition of judgment. Must he do so within five days after the statement is filed, or can he do so at any time before the expiration of five days after the first day of the next regular term of court occurring after the filing of such statement? The law as-amended reads:
*526“The statement of disbursements thus filed, and costs,…
2Cases cited1 opinion
- Hislop v. MoldenhauerOregon Supreme Court · 1893
3Cited by2 opinions
- J. L. Latture Equipment Co. v. Gruendler Patent Crusher & Pulverizer Co.Oregon Supreme Court · 1930
- Shepherd v. Inman, Poulsen Lum. Co.Oregon Supreme Court · 1917