McCabe-Duprey Tanning Co. v. Eubanks
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. This is an action by the McCabe-Duprey Tanning Co. against J. M. Eubanks, commenced in the Justice’s Court of Grants Pass District, Josephine County, Oregon, in which court judgment was rendered in favor of defendant on the pleadings. The circuit court rendered a judgment sustaining a writ of review and remanding the cause with directions to try the said action on its merits.
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From Josephine: Hiero K. Hanna, Judge. This is an action by the McCabe-Duprey Tanning Co. against J. M. Eubanks, commenced in the Justice’s Court of Grants Pass District, Josephine County, Oregon, in which court judgment was rendered in favor of defendant on the pleadings. The circuit court rendered a judgment sustaining a writ of review and remanding the cause with directions to try the said action on its merits. From the judgment so entered in the circuit court, the defendant appeals. Respondent files motion to dismiss the appeal. This case was submitted without argument, under the proviso…
1Opinion of the Court
Decided July 13, 1909.
On Motion to Dismiss.
[102 Pao. 795.]
Mr. Marcus W. Robbins, for the motion. Mr. Oliver S. Brown, contra.
Opinion by
Mr. Chief Justice Moore.
1. This is a motion to dismiss an appeal on the ground that the transcript was not filed within the prescribed time. The circuit court for Josephine County sustained a writ of review, and remanded the cause to the justice’s court for Grants Pass district, with directions to vacate a judgment rendered therein and to try the action on its merits. To reverse the ruling of the circuit court, the defendant gave a notice of appeal, and on…
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