Weiss v. Meyer
Oregon Supreme Court
Multnomah County: Erasmus D. Shattuck, Judge. Gottlieb Weiss and Karl Kuch brought an action against Emanuel Meyer, which involved the question of how much land was included within a given description, and in preparing his case thé defendant employed a surveyor to examine and plat the ground. The plaintiffs having been nonsuited, the defendant filed his cost bill, and included therein an item of seventy-five dollars for the survey and plat.
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Multnomah County: Erasmus D. Shattuck, Judge. Gottlieb Weiss and Karl Kuch brought an action against Emanuel Meyer, which involved the question of how much land was included within a given description, and in preparing his case thé defendant employed a surveyor to examine and plat the ground. The plaintiffs having been nonsuited, the defendant filed his cost bill, and included therein an item of seventy-five dollars for the survey and plat. Some thirty days afterward the plaintiffs moved for permission to file objections to the cost bill, and filed an affidavit showing the sickness of their…
1Per curiam
The questions arising on this appeal will be discussed in the order presented in appellant’s brief: —
1. Can the court relieve a party from a judgment entered against him for costs and disbursements, through his excusable neglect in not filing objections to the cost bill within the time prescribed by law? It seems to us this question is answered in the affirmative by section 102 of Hill’s Code, which provides that “ the court may, in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or such other act to 'be done after-the time limited by this Code, or by…
2Cited by5 opinions
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- Stratford v. WoodUtah Supreme Court · 1961
- Overton v. BlakeOregon Supreme Court · 1976
- Shterk v. VeitchSupreme Court of Minnesota · 1917
- Perlus v. Market Investment Co.Washington Supreme Court · 1917