Legal Opinion

Abercrombie v. Heckard

Oregon Supreme Court

Decided December 9, 1913PublishedCited by 6 opinions

From Clatsop: James A. Eakin, Judge. This is an action by Mary Abercrombie against Jasper Newton Heckard, O. M. Heckard and F. E. Tanner, partners, doing business under the firm name of Heckard Bros. There was a judgment in favor of plaintiff, from which defendants appeal. Respondent files motion to dismiss the appeal.

1Opinion of the Court

Opinion

2Per curiam

This is a motion to dismiss an appeal. There is no bill of exceptions, and the casé comes up on the transcript, which is accompanied by the reporter’s copy of the testimony. In the transcript it appears that a motion for a new trial was filed and overruled by the court. The principal ground for the motion was the alleged refusal of the court to admit in evidence a certain alleged receipt in full for the amount of plaintiff’s bill, signed by L. R. Abercrombie.

1. No appeal lies from the refusal of the court to grant a new trial: State v. Gardner, 33 Or. 149 (54 Pac. 809): McCormick…

3Cases cited3 opinions

  1. State v. GardnerOregon Supreme Court · 1898
  2. Crossen v. OliverOregon Supreme Court · 1902
  3. McCormick Machine Co. v. HoveyOregon Supreme Court · 1899

4Cited by6 opinions

  1. Benson v. BirchOregon Supreme Court · 1932
  2. Coach v. GageOregon Supreme Court · 1914
  3. McCarty v. Seaboard Fire & Marine InsuranceOregon Supreme Court · 1956
  4. Smith v. WaltersOregon Supreme Court · 1915
  5. State v. EvansOregon Supreme Court · 1920

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