Frank v. Matthiesen

Section 175, Oregon Laws, provides, among other things, regarding motions for new trials, as follows:

“ * * The motion sháll be heard and determined during the term, unless the court continue the same for advisement, or want of time to hear it, * * and if not so heard and determined within said time, the said motion shall be conclusively taken and deemed as denied.”

The omnibus order was not made by the court or any judge of the court during the May term. It was entered by the clerk without any order therefor having been made. The clerk is a ministerial officer and is without authority to enter…