Legal Opinion

Blumauer-Frank Drug Co. v. Horticultural Fire Relief

Oregon Supreme Court

Decided January 24, 1911PublishedCited by 27 opinions

From Marion: George H. Burnett, Judge. This is an action by the Blumauer-Frank Drug Company against the Horticultural Fire Relief of Oregon. There was a judgment in favor of plaintiff, and from an order setting aside the judgment and granting a new trial, plaintiff appeals, and defendant moves to dismiss the appeal.

1Opinion of the Court

Opinion by

Mr. Chief Justice Eakin.

Judgment for the plaintiff was rendered upon the verdict in this action. Thereupon defendant moved the court to set aside the judgment and grant a new trial, which was allowed by the court. From that order plaintiff appeals, and defendant moves to dismiss the same, because the order appealed from is not a final judgment.

1, 2. As held in Portland v. Gaston, 38 Or. 533 (63 Pac. 1051), the provision of the constitution (Article VII, Section 6) that the Supreme Court shall have jurisdiction only to review the final decisions of the circuit courts, is not…

2Cases cited4 opinions

  1. State v. Security Savings Co.Oregon Supreme Court · 1896
  2. Sears v. DunbarOregon Supreme Court · 1907
  3. Portland v. GastonOregon Supreme Court · 1901
  4. School District v. IrwinOregon Supreme Court · 1899

3Cited by27 opinions

  1. State v. CousanSupreme Court of Louisiana · 1996
  2. Hagerman v. City of SeattleWashington Supreme Court · 1937
  3. Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
  4. Harrison v. BirrellOregon Supreme Court · 1911
  5. Shelby-Downard Asphalt Co. v. EnyartSupreme Court of Oklahoma · 1918

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