Bertin & Lepori v. Mattison
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice McBride. Action by Bertin & Lepori against N. Mattison, Martin Franeiscovich, and Paul Bakotich.
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From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice McBride. Action by Bertin & Lepori against N. Mattison, Martin Franeiscovich, and Paul Bakotich. There was verdict for plaintiffs against defendant Franeiscovich, whereupon plaintiffs moved for judgment on the verdict against Franeiscovich, while the latter moved for a judgment non obstante against plaintiffs, which motion was allowed, plaintiffs appeáling, the judgment being reversed, and the cause remanded, with directions to enter a judgment for plaintiffs, which was done, defendant Fanciscovich moving for a new trial…
1Opinion of the CourtJustice McBride
This is a motion to dismiss an appeal. The circumstances are as follows: On June 29, 1912, plaintiffs brought an action to recover from defendants upon a promissory note. By a plea in abatement defendants challenged plaintiffs ’ right to maintain the action, and prevailed in the lower court, but upon appeal here the judgment was reversed, and the cause remanded to the Circuit Court for further proceedings: Bertin & Lepori v. Mattison, 69 Or. 470 (139 Pac, 330). Thereafter Franciscovich and Bakotich answered to the merits, and upon a trial before a jury a verdict was returned in favor of…
2Cases cited5 opinions
- Apex Transportation Co. v. GarbadeOregon Supreme Court · 1898
- Fisk v. HenarieOregon Supreme Court · 1887
- State ex rel. Williams v. AnthonyMissouri Court of Appeals · 1896
- Bertin & Lepori v. MattisonOregon Supreme Court · 1914
- Bertin & Lepori v. MattisonOregon Supreme Court · 1916
3Cited by7 opinions
- Woodward v. PerkinsMontana Supreme Court · 1946
- Harris v. ChambersSupreme Court of Oklahoma · 1926
- WOLFE INVESTMENTS, INC. v. ShroyerOregon Supreme Court · 1968
- Varley v. Consolidated Timber Co.Oregon Supreme Court · 1943
- Blaine County Investment Co. v. MaysIdaho Supreme Court · 1932
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