White v. Geinger
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action at law by H. L. White against A. , C. Geinger to recover money in which issue was joined by the defendant, and the litigation proceeded to judgment, which was rendered January 3, 1913. No error whatever is predicated concerning the proceedings up to and including the rendition of judgment.
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From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action at law by H. L. White against A. , C. Geinger to recover money in which issue was joined by the defendant, and the litigation proceeded to judgment, which was rendered January 3, 1913. No error whatever is predicated concerning the proceedings up to and including the rendition of judgment. On February 27, 1913, without the time therefor having been extended, the defendant, appearing by new counsel, filed a motion for a new trial, alleging misconduct of a juryman, excessive damages, and…
1Opinion of the CourtJustice Burnett
1. Section 175, L. O. L., says:
"A motion to set aside a judgment and for a new trial, with the affidavits, if any, in support thereof, shall be filed within one day after the entry of the judgment sought to be set aside, or such further time as the court may allow.”
In view of this statute, the Circuit Court could not properly entertain the motion filed more than one day after the trial, without extension of time having been granted: State v. McDaniel, 39 Or. 161 (65 Pac. 520).
2. Moreover, as held in Macartney v. Shipherd, 60 Or. 133 (117 Pac. 814, Ann. Cas. 1913D, 1257), no appeal lies from…
2Cases cited2 opinions
- State v. McDanielOregon Supreme Court · 1901
- Macartney v. ShipherdOregon Supreme Court · 1911
3Cited by7 opinions
- State v. HeckerOregon Supreme Court · 1923
- Benson v. BirchOregon Supreme Court · 1932
- Brown v. JonesOregon Supreme Court · 1931
- City of Portland v. THERROWOregon Supreme Court · 1962
- Clarizo v. Spada Distributing Co., Inc.Oregon Supreme Court · 1962
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