Smith v. Wilkins
Oregon Supreme Court
From Benton: J. C. Fullerton, Judge. Suit by J. It. Smith & Co. against M. W. Wilkins and others, being a consolidation of several suits to foreclose mechanics’ liens against defendant Wilkins. From a decree dismissing his cross bill, defendant F. E. Beach appealed, and the decree was affirmed. * On motion of said defendant to remand the cause with permission to apply for leave to amend.
1Per curiam
Upon the former hearing the decree of the court below was affirmed on the ground that Beach’s answer was insufficient (48 Pac. 708), but it now appears that all the record was not before the court at the time. A portion of it had been misplaced, and did not get into the judgment roll, and, as the attorney who took and prosecuted this appeal *422did not try the case in the court below, he was not aware of and did not discover the defect, nor was the misplaced portion of the record found, until after the former decision. Application was made for a rehearing and for a rule on the court below to…
2Cases cited1 opinion
- Branson v. Oregonian Railway Co.Oregon Supreme Court · 1882
3Cited by32 opinions
- More v. JohnsonSupreme Court of Colorado · 1977
- Rollan v. PoseySupreme Court of Alabama · 1961
- Micelli v. AndrusOregon Supreme Court · 1912
- State v. Atlantic Oil Producing Co.Court of Appeals of Texas · 1937
- Glover v. GiraldoWyoming Supreme Court · 1992
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