Bailey v. Frush
Oregon Supreme Court
Appeal from Multnomah County. . This action was brought in the County Court for Multnomah County to recover a balance of $320.43 for lumber sold and delivered by respondents to appellant. Respondents recovered judgment, from which appellant appealed to the Circuit Court.
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Appeal from Multnomah County. . This action was brought in the County Court for Multnomah County to recover a balance of $320.43 for lumber sold and delivered by respondents to appellant. Respondents recovered judgment, from which appellant appealed to the Circuit Court. When the case was called for trial in the Circuit Court it was suggested that the trial fee of twelve dollars had not been paid, and both parties refused to pay the same, each claiming that the other was, under •the law, required to pay such fee. Thereupon appellant moved for a nonsuit, for the reason that respondents had…
1Opinion of the Court
By the Court,
Bonham, J.:
The only questions presented by the appeal in this case are the validity and construction of § 1033 of the Code of *137Civil Procedure, which reads as follows: “The trial fee is to be paid by the plaintiff, appellant or moving party, before he is entitled to, or can claim the trial or other proceeding upon which such fee is imposed; and if the party paying such fee prevail in the action, suit or proceeding, so as to be entitled to recover costs therein, such fee shall be allowed and taxed as a disbursement, and collected of the adverse party.”
Upon the argument of this…
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- Allen v. Employment DepartmentCourt of Appeals of Oregon · 2002
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