Legal Opinion

Rader v. Barr

Oregon Supreme Court

Decided July 30, 1900PublishedCited by 7 opinions

From Grant: Morton D. Clifford, Judge. ' This is a suit by George Rader to enjoin the collection in part of a judgment for costs and disbursements by this court August 13, 1898, in favor of Emmet Barr as respondent, and , against.

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From Grant: Morton D. Clifford, Judge. ' This is a suit by George Rader to enjoin the collection in part of a judgment for costs and disbursements by this court August 13, 1898, in favor of Emmet Barr as respondent, and , against. George Rader as appellant, for $215.85 : 33 Or. 375 (54 Pac. 210). The allegations of the complaint are, in substance, as follows : That in the case of Emmet Barr (respondent) v. George Rader (appellant) a judgment was rendered in favor of the respondent by the Supreme Court of the State of Oregon at its Pendleton May term for the year 1898 ; that thereafter, to…

1Opinion of the Court

Mr. Justice Wolverton,

after stating the facts, de-

livered the opinion of the court.

The sole question presented is whether the complaint states facts sufficient to entitle the plaintiff to the relief prayed for. The incident of the filing and allowance of the motion to strike out is not material to the inquiry, and will not receive further notice. In order that the nature of the controversy may be made clear, a brief reference will be made to the manner of recovering costs and disbursements, and having the same taxed, so as to entitle them to be entered as a part of the judgment or decree.…

2Cases cited4 opinions

  1. Freeman v. MillerTexas Supreme Court · 1880
  2. Nicklin v. RobertsonOregon Supreme Court · 1895
  3. Oregon Railway & Navigation Co. v. GatesOregon Supreme Court · 1883
  4. Reagan v. FitzGeraldCalifornia Supreme Court · 1888

3Cited by7 opinions

  1. Leadbetter v. PriceOregon Supreme Court · 1921
  2. Miller v. ShuteOregon Supreme Court · 1910
  3. Burdick v. Tum-A-Lum Lumber Co.Oregon Supreme Court · 1920
  4. Burke v. American Savings Life InsuranceMissouri Court of Appeals · 1939
  5. Hammer v. DowningOregon Supreme Court · 1901

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