Purdy v. Van Keuren
Oregon Supreme Court
From Grant: Dalton Biggs, Judge. Statement by Mr. Chief Justice Eakin. This is an action by Jesse T. Purdy against Judson H. Van Keuren and Jay A. Higbee, co-partners as Van Keuren & Higbee. The facts are as follows: A judgment was rendered in favor of plaintiff in this cause at tie May term of court on July 6, 1910. Thereupon, on July 14th,' defendant filed a motion to set aside the judgment and to grant a new trial.
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From Grant: Dalton Biggs, Judge. Statement by Mr. Chief Justice Eakin. This is an action by Jesse T. Purdy against Judson H. Van Keuren and Jay A. Higbee, co-partners as Van Keuren & Higbee. The facts are as follows: A judgment was rendered in favor of plaintiff in this cause at tie May term of court on July 6, 1910. Thereupon, on July 14th,' defendant filed a motion to set aside the judgment and to grant a new trial. No order was made during the May term, continuing the hearing of the motion until the next term, but it was submitted to the court on the 22d day of November, which was the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
Sections 174 and 175, B. & C. Comp., relating to new trials, prior to the amendment of 1907, provided that the former verdict or other decision may be set aside and a new trial granted in a certain manner, and that the motion for a new trial “shall be filed within one day after giving the verdict or other decision sought to be set aside.” This statute contemplated that the motion should be filed before the rendition of the judgment. These sections were amended in 1907 to make them applicable to Section 201, as amended by the same act; and Section 175, L. O.…
2Cases cited6 opinions
- Castro v. RichardsonCalifornia Supreme Court · 1864
- Windett v. HamiltonIllinois Supreme Court · 1869
- Klein v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1905
- Krause v. Oregon Steel Co.Oregon Supreme Court · 1907
- Green v. P., W. & Ky. R. R.West Virginia Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rosumny v. MarksOregon Supreme Court · 1926
- Hicks v. Hill Aeronautical SchoolOregon Supreme Court · 1929
- Erickson v. LovegrenOregon Supreme Court · 1932
- Young v. N. P. Severin Co.District Court, D. Alaska · 1934