Johnson v. White
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is a suit by Mary E. Johnson against Charles A. White and Pauline M.. White, his wife, Burt Brown Barker, Trustee, Atlee W. Strickler, Arthur Stipe and George Wetherby. From a decree in favor of plaintiff, the defendant, George Wetherby, appeals and files motion to dismiss the appeal and for a decree in his favor, for plaintiff’s failure to file briefs.
1Opinion of the Court
Opinion
2Per curiam
1, 2. This is an equity suit. Defendant appeals. The abstract was filed November 21, 1910. Plaintiff failed to file his brief within 20 days thereafter as provided by rule 6 (50 Or. 572: 91 Pac. viii). Defendant, on December 28th, filed a motion to dismiss the complaint, and for a decree in his favor for the reason that plaintiff has not filed his brief within the time provided by rule 6. Plaintiff admits that he is in default, and has filed an affidavit showing a misconception by himself of rule 6, and a misunderstanding between opposing counsel as to who should file the first brief…
3Cases cited1 opinion
- Wood v. FiskOregon Supreme Court · 1904
4Cited by6 opinions
- Monese v. StruveOregon Supreme Court · 1936
- Cole v. Willow River Co.Oregon Supreme Court · 1911
- Dix v. Port of Port OrfordOregon Supreme Court · 1929
- Barnes v. AndersonOregon Supreme Court · 1923
- Utah-Idaho Sugar Co. v. LewisOregon Supreme Court · 1920
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