Zelig v. Blue Point Oyster, Co.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Decided March 7, 1911. On Motion to Dismiss. [113 Pac. 852.] Statement by Mr. Justice Burnett. This is an action by M. A. Zelig against the Blue Point Oyster Co., a corporation, and Sam Mackin. Plaintiff recovered judgment in the circuit court, and defendants appeal.
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From Multnomah: William N. Gatens, Judge. Decided March 7, 1911. On Motion to Dismiss. [113 Pac. 852.] Statement by Mr. Justice Burnett. This is an action by M. A. Zelig against the Blue Point Oyster Co., a corporation, and Sam Mackin. Plaintiff recovered judgment in the circuit court, and defendants appeal. In this case, after a trial before the court, a judgment was rendered and entered of record February 26, 1910, at the February term of the circuit court of Multnomah County. On March 3, 1910, upon a stipulation of the parties, the court ordered “that the defendants have up to and…
1Opinion of the CourtJustice Burnett
1. The court having rendered a final judgment of February 26, 1910, its power to amend the same lapsed with the end of the February term except for mere clerical *538errors, but not for matters of substance, unless the court retained its jurisdiction over it for subsequent purposes by means of the filing of a motion for a new trial or some such means. Opportunity was given thus to keep the judgment within the breast of the court by filing exceptions to the findings and a motion to the court to render other findings, but this opportunity was allowed to lapse, and, so far as the record before us…
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