Neal v. Roach
Oregon Supreme Court
From Grant: George E. Davis, Judge. This is an action by Napoleon Neal against Milos Roach. There was a judgment in the circuit court in favor of plaintiff, and defendant appeals. Plaintiff-respondent files motion to dismiss appeal.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
This is a motion to dismiss an appeal from a decree in equity on the ground that no transcript of the testimony has been sent up to this court. A counter motion was interposed, either to remand the cause to take the testimony again or to have evidence considered in support of one of the issues which is asserted to be decisive of the *514suit. It appears from affidavits presented herewith that the court reporter died before extending his shorthand notes to the trial, and that no stenographer who had examined the memoranda so kept had been able to make a correct…
2Cases cited5 opinions
- State v. HammelsyOregon Supreme Court · 1908
- Hume v. Rogue River Packing Co.Oregon Supreme Court · 1907
- Wyatt v. WyattOregon Supreme Court · 1897
- Morrison's EstateOregon Supreme Court · 1906
- Howe v. PattersonOregon Supreme Court · 1874
3Cited by6 opinions
- Nealan v. RingOregon Supreme Court · 1919
- Wood v. School District No. 13Oregon Supreme Court · 1923
- Scott v. SmithOregon Supreme Court · 1911
- St. Martin v. HendershottOregon Supreme Court · 1915
- Portland Mortgage Co. v. ElderOregon Supreme Court · 1936
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