Rostel v. Morat
Oregon Supreme Court
Appeal from Jackson county: L. R. Webster, judge. This controversy has arisen in the course of the settlement of the estate of Julius Raspot, deceased. The defendant Raphael Morat is the executor of the last will of said deceased, and the plaintiff is endeavoring to secure the payment of a claim, in the form of a judgment, which he obtained before a justice of the peace in Jackson county against said Julius Raspot in his life-time.
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Appeal from Jackson county: L. R. Webster, judge. This controversy has arisen in the course of the settlement of the estate of Julius Raspot, deceased. The defendant Raphael Morat is the executor of the last will of said deceased, and the plaintiff is endeavoring to secure the payment of a claim, in the form of a judgment, which he obtained before a justice of the peace in Jackson county against said Julius Raspot in his life-time. The cause was transferred from the county court of Jackson county to the circuit court of that county for the reason that the newly-elected judge of the county was…
1Opinion of the CourtStrahaN, J.
The proceedings in this cause seem to be so irregular as .well as prolix that it is difficult to determine just what the rights of the parties really are. There have been an unnecessary number of papers filed, many of which were copied into the journal in the county court when there w~s no occasion for it. And where the record ought to be full and explicit, it is frequently wanting in particularity.
The appellant’s contention is, that the county court is a court of record, Art. VII, section 1, constitution, and that whatever judgment or decrees it may enter ought to be justified by the record…
2Cited by3 opinions
- State v. FrancisOregon Supreme Court · 1928
- Willis v. MarksOregon Supreme Court · 1896
- Milwaukie Construction Co. (Inc.), a Corporation, F. H. St. Pierre and Mary St. Pierre v. Glens Falls Insurance Company, a CorporationCourt of Appeals for the Ninth Circuit · 1968