Steiger v. Fronhofer
Oregon Supreme Court
From Baker: Robert Eakin, Judge. This is an action by John Steiger against Geo. Fronhofer to recover a balance alleged to be due the plaintiff on a contract for the sale and delivery of sheep.
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From Baker: Robert Eakin, Judge. This is an action by John Steiger against Geo. Fronhofer to recover a balance alleged to be due the plaintiff on a contract for the sale and delivery of sheep. It is alleged in the complaint that on or about the twentieth of September, 1901, the plaintiff sold and delivered to the defendant 177 ewe sheep, at the agreed price of $2.50 per head, and 20 lambs, at the agreed price of $2 per head, amounting in the aggregate to the sum of $482.50; that no part thereof has been paid, except the sum of $82.50; that the balance is due and payable. The answer denies the…
1Opinion of the CourtJustice Bean
1. The plaintiff moves to dismiss the appeal on the ground that the appellant’s brief was not filed within the time required by the rules of this court. Rule 14 (35 Or. 600) provides that if the appellant shall, without reasonable excuse, fail or neglect to serve and file a brief as required, the respondent may have the judgment or decree affirmed, on motion and notice, but there is no provision by which he may have the appeal dismissed becáuse of a failure to comply with the rules. The plaintiff’s motion, therefore, is not technically within the terms of the rules, and it may be doubted…
2Cases cited3 opinions
- Brigham v. HibbardOregon Supreme Court · 1896
- Sun Publishing Co. v. Minnesota Type Foundry Co.Oregon Supreme Court · 1892
- Bump v. CooperOregon Supreme Court · 1890
3Cited by9 opinions
- Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Eaton v. BlackburnOregon Supreme Court · 1908
- Lenz v. BlakeOregon Supreme Court · 1904
- People Ex Rel. Dunbar v. FischerSupreme Court of Colorado · 1955
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