Legal Opinion · Dissent

Far West Landscaping, Inc. v. Pacific Cascade Corp.

Oregon Supreme Court

Decided October 30, 1979No. 77-5-332, CA 12380, SC 26064Published

1DissentDenecke, C. J.

In the interest of preserving the consistency and stability of the law, courts must sometimes reach a result which in a particular case seems manifestly unfair. The facts of this case indicate that counsel for the defendants took every reasonable precaution to insure that her clients’ statutory right to appeal would not be surrendered by default. She telephoned the trial judge to inquire if he had signed the judgment order and was told, incorrectly, that he had not done so. She asked the judge to refrain from signing the order until she returned from a trial in Wallowa County, and he agreed…

2Cases cited13 opinions

  1. Hill v. HawesSupreme Court of the United States · 1944
  2. Bella v. Aurora Air, Inc.Oregon Supreme Court · 1977
  3. Morphet v. MorphetOregon Supreme Court · 1972
  4. Casciato v. Oregon Liquor Control CommissionOregon Supreme Court · 1947
  5. Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925

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