Astoria v. Zindorf
Oregon Supreme Court
From Multnomah: Harry H. Belt, Judge. In Banc. This is an action at law, wherein the plaintiff seeks to recover for materials furnished to the defendant Zindorf as a contractor in the construction of a reservoir for the City of Astoria, and the Fidelity and Deposit Company of Maryland is joined as a defendant by reason of its having executed a bond, in compliance with the statute, conditioned, among other things, for the protection of those supplying materials for the…
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From Multnomah: Harry H. Belt, Judge. In Banc. This is an action at law, wherein the plaintiff seeks to recover for materials furnished to the defendant Zindorf as a contractor in the construction of a reservoir for the City of Astoria, and the Fidelity and Deposit Company of Maryland is joined as a defendant by reason of its having executed a bond, in compliance with the statute, conditioned, among other things, for the protection of those supplying materials for the structure. An answer and a reply were filed, joining issue upon material allegations, and there was a trial to the court…
1Opinion of the CourtBenson, J.
The assignments of error challenge the accuracy of the findings of fact, and the conclusions deduced therefrom. Unfortunately for the appellants, there is no bill of exceptions in the record. 'There is what purports to be a transcript of the testimony taken upon the trial, but the only certification thereof is that of the official stenographer who reported the same. In the recent case of Thomsen v. Giebisch, ante, p. 118 (186 Pac. 10), this court has held that a transcript of the evidence cannot be considered as a bill of exceptions unless it be certified, by the trial judge; hence the case…
2Cases cited3 opinions
- Humphry v. PortlandOregon Supreme Court · 1916
- Lewis v. ClarkOregon Supreme Court · 1913
- State v. RiderOregon Supreme Court · 1915
3Cited by4 opinions
- The Alpha Corp. v. Multnomah Co.Oregon Supreme Court · 1948
- St. Clair v. Jelinek Et Ux.Oregon Supreme Court · 1949
- Berneche v. HessOregon Supreme Court · 1928
- Yates v. BjorkmanOregon Supreme Court · 1933