Sanborn v. Fitzpatrick
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. • Suit by George W. Sanborn against Nora Fitzpatrick and others. From a decree in favor of plaintiff, defendants appeal. Plaintiff files motion to dismiss the appeal and to strike from the files, the evidence taken in the lower court, and the exhibits. On Motion to Dismiss the Appeal.
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From Clatsop: Thomas A. McBride, Judge. • Suit by George W. Sanborn against Nora Fitzpatrick and others. From a decree in favor of plaintiff, defendants appeal. Plaintiff files motion to dismiss the appeal and to strike from the files, the evidence taken in the lower court, and the exhibits. On Motion to Dismiss the Appeal. Statement by Mr. Commissioner King. . This is a motion to dismiss the appeal, accompanied, in the same instrument, with a motion to strike from the files all of what purports to be the evidence taken in the court below, including the exhibits. The motion to strike is urged…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
1. The first point demanding attention is the sufficiency of the undertaking on appeal, to which it is urged by plaintiff, that the liability thereon is limited to $500. If limited, it is settled that the undertaking is insufficient: State v. McKinmore, 8 Or. 207. But an examination of the undertaking before us, fails to disclose any language therein limiting the liability of either defendants or their sureties. Its provisions follow the wording of the statute, to the effect that appellants and their sureties will pay all damages, costs, and disbursements that…
2Cases cited6 opinions
- Hume v. Rogue River Packing Co.Oregon Supreme Court · 1907
- Tallmadge v. HooperOregon Supreme Court · 1900
- State ex rel. Mahoney v. McKinmoreOregon Supreme Court · 1880
- Hume v. BurnsOregon Supreme Court · 1907
- Wolfer v. HurstOregon Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Missouri, K. & T. R. Co. v. PerinoSupreme Court of Oklahoma · 1923
- Nealan v. RingOregon Supreme Court · 1919
- Rugh v. SoleimOregon Supreme Court · 1919
- Banfield v. SchuldermanOregon Supreme Court · 1931
- Anoatubby v. PenningtonSupreme Court of Oklahoma · 1915
4 more not listed; retrieve them via the Exa API.