Legal Opinion

Colgan v. Farmers' & Mechanics' Bank

Oregon Supreme Court

Decided January 18, 1910PublishedCited by 19 opinions

From Marion: George H. Burnett, Judge. This is an action by George H. Colgan against the Farmers’ & Mechanics’ Bank of Woodburn. Plaintiff-respondent files motion to dismiss defendant’s appeal from an order denying a new trial. Statement by Mr. Justice Moore. This is an action to recover money.

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From Marion: George H. Burnett, Judge. This is an action by George H. Colgan against the Farmers’ & Mechanics’ Bank of Woodburn. Plaintiff-respondent files motion to dismiss defendant’s appeal from an order denying a new trial. Statement by Mr. Justice Moore. This is an action to recover money. The complaint states in effect that defendant is a domestic corporation; that on January 27, 1909, plaintiff was the owner of 50 acres of land in Marion County, describing the premises, and being then indebted in the sum of $2,669.40 he on that day, in consideration of the cancellation of such debts…

1Opinion of the CourtJustice King

Plaintiff, by his counsel, moves to dismiss defendant’s appeal from the order denying a new trial, and to strike from the files defendant’s proposed bill of exceptions, containing Exhibit A. In support of the motion it is argued that the order denying a new trial is not “a final order affecting a substantial right,” as used in Section *472547, c. 162, p. 313, of the Session Laws of 1907, and that the proposed bill of exceptions, Exhibit A, is an incumbrance of the record, in that the bill of exceptions, as allowed by the court, contains all the record, from which it appears no objections nor…

2Cited by19 opinions

  1. Schafer v. Fraser Et UxOregon Supreme Court · 1956
  2. Macartney v. ShipherdOregon Supreme Court · 1911
  3. State Ex Rel. Bassett v. BassettOregon Supreme Court · 1941
  4. Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
  5. Parmentier v. RansomOregon Supreme Court · 1946

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