Francis v. Mutual Life Ins.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement Per Curiam. In the action by Mary C. Francis against the Mutual Life Insurance Company of New York, a judgment was rendered on the verdict for defendant June 11, 1910. On December 10, 1910, the plaintiff filed her notice of appeal, with proof of service indorsed thereon, and on the 20th of that month filed her undertaking on appeal.
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From Multnomah: John B. Cleland, Judge. Statement Per Curiam. In the action by Mary C. Francis against the Mutual Life Insurance Company of New York, a judgment was rendered on the verdict for defendant June 11, 1910. On December 10, 1910, the plaintiff filed her notice of appeal, with proof of service indorsed thereon, and on the 20th of that month filed her undertaking on appeal. On January 6, 1911, a judge of the circuit court in which the cause was tried made an ex parte order allowing the plaintiff till “January 31st” to present her bill of exceptions. Afterwards, on January 30th, the…
1Opinion of the Court
Opinion
2Per curiam
1. The syllogism of the respondent in support of this motion consists of the major premise that a rule of practice established by a court has the same force and effect as law and of a minor premise that this bill of exceptions was not presented within the term prescribed by the rule, from which the conclusion sought to be deduced is that the bill should be stricken out. The major premise may well be conceded. The statute relating to the transaction of business in the circuit court of the Fourth judicial district prescribes that “the judges of said court, or a majority of them, shall…
3Cases cited2 opinions
- Coyote G. & S. M. Co. v. RubleOregon Supreme Court · 1881
- Hayes v. CliffordOregon Supreme Court · 1903
4Cited by10 opinions
- Weinstein v. WheelerOregon Supreme Court · 1928
- Walker v. Fireman's Fund InsuranceOregon Supreme Court · 1927
- Lasene v. SyvanenOregon Supreme Court · 1927
- Schnitzer v. SteinOregon Supreme Court · 1920
- McAuliffe v. McAuliffeOregon Supreme Court · 1931
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