Legal Opinion

Winters v. Grimes

Oregon Supreme Court

Decided February 14, 1928PublishedCited by 39 opinions

1Opinion of the CourtBand, C. J.

This is a motion to dismiss an appeal upon the ground that the decree appealed from is an interlocutory and not a final decree within the meaning of the appeal statute. Section 548, Or. L., as amended by Chapter 153, Laws of 1923, provides:

“A judgment or decree may be reviewed on appeal as prescribed in this chapter and not otherwise. An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein, or an interlocutory decree in a suit for the partition of real property, defining the rights of the parties to the suit and…

2Cases cited7 opinions

  1. State v. DowningOregon Supreme Court · 1901
  2. State v. Security Savings Co.Oregon Supreme Court · 1896
  3. Marquam v. RossOregon Supreme Court · 1905
  4. Sears v. DunbarOregon Supreme Court · 1907
  5. Basche v. PringleOregon Supreme Court · 1891

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Bienz v. City of DaytonCourt of Appeals of Oregon · 1977
  2. McEwen v. McEwenOregon Supreme Court · 1955
  3. Klamath Cty. v. Laborers Int. U. of Na, Loc. No. 915Court of Appeals of Oregon · 1975
  4. American Timber & Trading Co. v. NiedermeyerOregon Supreme Court · 1976
  5. David M. Scott Construction Corp. v. FarrellOregon Supreme Court · 1979

34 more not listed; retrieve them via the Exa API.

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