Twitchell v. Risley
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Slater. This action was brought by J. C. Twitchell against A. J. Risley to recover $1,050 alleged to have been paid by plaintiff to the Hartford Life Insurance Company for the use and benefit of the defendant at the latter’s special instance and request. The answer denies generally the averments of the complaint, except as thereinafter set forth.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Slater. This action was brought by J. C. Twitchell against A. J. Risley to recover $1,050 alleged to have been paid by plaintiff to the Hartford Life Insurance Company for the use and benefit of the defendant at the latter’s special instance and request. The answer denies generally the averments of the complaint, except as thereinafter set forth. The further answer is to the effect that the money sought to be recovered was paid upon a special contract, whereby, in consideration of plaintiff paying one-half of the quarterly…
1Opinion of the CourtJustice Slater
1. It has been held by this court that no appeal lies from a judgment or decree rendered by consent of the parties: Rader v. Barr, 22 Or. 495 (29 Pac. 889); Schmidt v. Oregon Gold Mining Co., 28 Or. 9 (40 Pac. 406, 1014: 52 Am. St. Rep. 759). In the latter case it was held that, strictly speaking, such a decree is not given by confession or for want of an answer, yet will *228be governed by Section 548, B. & C. Comp. The purpose of .an appeal is to bring up for review an erroneous action of the trial court; but the trial court performs no judicial act when an order, decree, or judgment is entered…
2Cases cited4 opinions
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- Rader v. BarrOregon Supreme Court · 1892
- Kesler v. NiceOregon Supreme Court · 1909
- McBride v. HunterSupreme Court of Georgia · 1880
3Cited by16 opinions
- State v. K. P.Oregon Supreme Court · 1996
- Russell v. SheahanOregon Supreme Court · 1996
- Rauda v. Oregon Roses, Inc.Oregon Supreme Court · 1999
- Basche-Sage Hdw. Co. v. De WolfeOregon Supreme Court · 1925
- Boyer v. BurtonOregon Supreme Court · 1916
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