Nicklin v. Robertson
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a motion to correct a decree in the case of S. O. Nicklin against W. E. Robertson and others, so as to relieve the plaintiff from the taxation of disbursements claimed to have been taxed against her through her excusable neglect.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a motion to correct a decree in the case of S. O. Nicklin against W. E. Robertson and others, so as to relieve the plaintiff from the taxation of disbursements claimed to have been taxed against her through her excusable neglect. The facts are that on' September twenty-nineth, eighteen hundred and ninety-one, the circuit court dismissed the suit, and decreed that the defendants recover of the plaintiff their costs and disbursements. On the sixth day thereafter the defendant filed with the clerk a verified statement of their…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. It is contended by the defendants that no order modifying the original decree having been made within a year after the plaintiff had. notice of the taxation of the disbursements, the court was powerless, after the expiration of that time, to grant the relief sought. It must be conceded that a large portion of the disbursements claimed by the defendants is illegal, and hence the only question involved is the power of the court to retax them. The statute, so far as it applies to the case at bar, provides that the court may “in its discretion, and upon such terms…
2Cases cited7 opinions
- Cole v. LoganOregon Supreme Court · 1893
- Lovejoy v. ChapmanOregon Supreme Court · 1893
- Woolley v. WoolleyIndiana Supreme Court · 1859
- Albers v. WhitneyU.S. Circuit Court for the District of Massachusetts · 1840
- Flanders v. ShermanWisconsin Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cochran v. BakerOregon Supreme Court · 1899
- Grover v. HawthorneOregon Supreme Court · 1911
- Leeker v. LeekerArizona Supreme Court · 1921
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Beardsley v. HillOregon Supreme Court · 1959
8 more not listed; retrieve them via the Exa API.