Grand Prize Hydraulic Mines v. Boswell
Oregon Supreme Court
On Motion to Dismiss. From Josephine: Frank M. Calkins, Judge. Statement by Mr. Justice Benson. This is a suit by the Grand Prize Hydraulic Mines, an Oregon corporation, D. K. Sutherland, T. M. Anderson and T. J. Anderson against B. Boswell, B. J. Boswell and W. A. Akers. On May 11,1915, plaintiffs filed and served a notice of appeal to this court, and on the same day filed and served an undertaking on appeal with the United States Fidelity & Guaranty Company as surety.
Read the full summary
On Motion to Dismiss. From Josephine: Frank M. Calkins, Judge. Statement by Mr. Justice Benson. This is a suit by the Grand Prize Hydraulic Mines, an Oregon corporation, D. K. Sutherland, T. M. Anderson and T. J. Anderson against B. Boswell, B. J. Boswell and W. A. Akers. On May 11,1915, plaintiffs filed and served a notice of appeal to this court, and on the same day filed and served an undertaking on appeal with the United States Fidelity & Guaranty Company as surety. Plaintiffs during the pendency of the suit in the lower court had obtained a temporary injunction restraining defendants…
1Opinion of the CourtJustice Benson
1-3. Defendants move to dismiss the appeal upon the ground that the transcript was prematurely filed, and rely upon the decisions of this court in the cases of Graf v. Pearcy, 76 Or. 488 (149 Pac. 532), and Cook v. City of Albina, 20 Or. 190 (25 Pac. 386). However, the facts upon which these decisions are based are widely different from those of the case at bar. In each of the cases cited, exceptions were taken to the sufficiency of the sureties, while in this case no such exceptions were ever filed. In addition, it may be noted that within thirty days after the perfecting of this appeal, an…
2Cases cited2 opinions
- Cook v. City of AlbinaOregon Supreme Court · 1890
- Graf v. PearcyOregon Supreme Court · 1915
3Cited by9 opinions
- State Highway Commission v. RawsonOregon Supreme Court · 1957
- Hanna v. HopeOregon Supreme Court · 1917
- First National Bank v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1928
- Foster v. FosterOregon Supreme Court · 1923
- Skyles v. KincaidOregon Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.