Fassman v. Baumgartner
Oregon Supreme Court
Appeal from Benton County. At tbe November term, 1869, of the circuit court for Benton county, the defendants, appellants here, withdrew their answers, and judgmemt [decree] was rendered upon the complaint as upon failure to answer. The defendants afterwards gave notice of an appeal, and filed the usual boud, but failed to file a transcript in the supreme court by the second day of this term.
Read the full summary
Appeal from Benton County. At tbe November term, 1869, of the circuit court for Benton county, the defendants, appellants here, withdrew their answers, and judgmemt [decree] was rendered upon the complaint as upon failure to answer. The defendants afterwards gave notice of an appeal, and filed the usual boud, but failed to file a transcript in the supreme court by the second day of this term. The respondent Fassman brought a certified copy of the bond and necessary papers, and moved here for an affirmance of the judgment, with ten per cent, damages.
1Opinion of the Court
Prim, O. J.
Section 526 of the Code declares that “ any party to a judgment or decree, other than a judgment or decree given by confession, jot for want of answer, may appeal tberefrom.”
“When a case is here upon a proper appeal, this court may take any action thereon authorized by statute. But tbis motion develops facts showing that tbis wras an attempted appeal in a case in which the law admits of no appeal. The parties below were present in that court, and the defendants substantially failed to answer, and the decree was given for tbat reason.
*470There could be no appeal. This court could…
2Cited by10 opinions
- Whipple v. Southern Pacific Co.Oregon Supreme Court · 1899
- Wallace v. McDanielOregon Supreme Court · 1911
- State v. LeasiaOregon Supreme Court · 1904
- Johnson v. PaulsonOregon Supreme Court · 1916
- State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.