Burdick v. Tum-A-Lum Lumber Co.
Oregon Supreme Court
Erom Jefferson: T. E. J. Duffy, Judge. In Banc. This action was before this court in Burdick v. Tum-A-Lum Lumber Co., 91 Or.'417 (179 Pae. 245). On August 1,1917, the defendant filed its transcript on appeal in the case. That document included the typewritten transcript of the testimony taken upon the trial of the cause and filed with the county clerk, which was made by the official reporter.
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Erom Jefferson: T. E. J. Duffy, Judge. In Banc. This action was before this court in Burdick v. Tum-A-Lum Lumber Co., 91 Or.'417 (179 Pae. 245). On August 1,1917, the defendant filed its transcript on appeal in the case. That document included the typewritten transcript of the testimony taken upon the trial of the cause and filed with the county clerk, which was made by the official reporter. The defendant paid the reporter therefor the sum of $157.65. On March 11, 1919, this court filed its opinion in the case on appeal, and reversed the judgment of the trial court, and remanded the cause…
1Opinion of the CourtBean, J.
The position of the defendant upon this appeal is that it is entitled to a judgment at this time for the expense of the transcript of the testimony. The contention on behalf of plaintiff is that *461the matter of taxing the cost of the transcript must await the determination of the contemplated new trial of the cause, and that the defendant is not entitled to recover for the expenditure while the action is still pending. The trial court took the view advocated by the plaintiff.
1. The rule is well established by this court that the expenses incurred by a party in procuring a transcript of the…
2Cases cited11 opinions
- Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
- Farmers' & Merchants' Bank of Coweta v. SharumSupreme Court of Oklahoma · 1908
- Allen v. Standard Box & Lumber Co.Oregon Supreme Court · 1908
- West v. McDonaldOregon Supreme Court · 1912
- Lemler v. BordOregon Supreme Court · 1916
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3Cited by3 opinions
- Livesley v. StraussOregon Supreme Court · 1922
- Couch v. Scandinavian-American BankOregon Supreme Court · 1921
- McKinney v. NaybergerOregon Supreme Court · 1931