Oregon-Wash. R. & N. Co. v. School Dist. No. 25
Oregon Supreme Court
From Morrow: Gilbert W. Phelps, Judge. In Bane. This is a suit by the plaintiff against the school district, its directors and clerk, to prevent them from entering into a contract for ór building a schoolhouse in the district.
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From Morrow: Gilbert W. Phelps, Judge. In Bane. This is a suit by the plaintiff against the school district, its directors and clerk, to prevent them from entering into a contract for ór building a schoolhouse in the district. Plaintiff’s claim in substance is that there are but about two hundred inhabitants in the district, which is approximately twelve miles long and eleven miles wide; that the average daily attendance at the school for the last preceding year was only a fraction over fifteen pupils; and that the building proposed to be erected was extravagant in the extreme, considering…
1Opinion of the Court
BURNETT, J. —
1, 2. Tbe only notice of appeal in tbe record is from the decree of September 4, 1917. Tbe defendants contend that, having perfected their appeal from that adjudication, tbe Circuit Court was ousted of any authority to set it aside and bence that its decree of November 10,1917, was a nullity and cannot be regarded for the purposes of tbe present motion. In Brewster v. Springer, 79 Or. 88 (154 Pac. 418), in an opinion by Mr. Chief Justice Moore, this court held that:
“Notwithstanding an appeal from a judgment may have been taken and perfected, jurisdiction of tbe cause is retained…
2Cases cited8 opinions
- Moores v. MooresOregon Supreme Court · 1899
- State v. JuryOregon Supreme Court · 1900
- Stires v. SherwoodOregon Supreme Court · 1915
- State ex rel. v. WebsterOregon Supreme Court · 1911
- Brewster v. SpringerOregon Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Matter of Marriage of MullinaxOregon Supreme Court · 1982
- Caveny v. ASHEIMOregon Supreme Court · 1954
- Seufert v. StadelmanOregon Supreme Court · 1946
- Cranston v. StanfieldOregon Supreme Court · 1927
- Hollinger v. BlairOregon Supreme Court · 1974
2 more not listed; retrieve them via the Exa API.