Kosher v. Stuart
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. This is an action by Frank Kosher against F. Stuart, A. Winans and Mattie A. Winans. The plaintiff-respondent flies motion to dismiss.
1Opinion of the Court
Opinion by
Me. Chief Justice Eakin.
1. This is a motion to dismiss the appeal for the reason that there is no order or judgment from which an appeal will lie under Section 549, L. O. L., which provides that any party to a judgment other than one given by confession or for want of an answer may appeal therefrom. The judgment appealed from is in form a judgment by default, but the defendants made some effort to appear and answer. The trial court adjudged them in default, and the appeal is for the purpose of reviewing the pro*125ceedings to determine whether or not they were in default. Therefore we…
2Cases cited3 opinions
- Grover v. HawthorneOregon Supreme Court · 1911
- Sears v. DunbarOregon Supreme Court · 1907
- Eareckson v. ChandlerOregon Supreme Court · 1913
3Cited by2 opinions
- Rajneesh Foundation International v. McGreerCourt of Appeals of Oregon · 1986
- Russell v. PiperOregon Supreme Court · 1921