Deering v. Quivey
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is an action by William Deering and Company against the partnership of Creighton & Quivey, and comes here on appeal from an order of the Circuit Court of Benton County vacating a judgment of that court, and permitting the defendants to file an answer.
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Appeal from Benton: J. C. Fullerton, Judge. This is an action by William Deering and Company against the partnership of Creighton & Quivey, and comes here on appeal from an order of the Circuit Court of Benton County vacating a judgment of that court, and permitting the defendants to file an answer. The transcript shows that a demurrer to the complaint having been overruled, the defendants refused to further plead or answer, and judgment was on April fourteenth, eighteen hundred and ninety-two, rendered against them. It also appears from the affidavit of their attorney, filed on November…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The first question properly to be considered is whether the order complained of is a final judgment, and *558reviewable in this court. If the court had no power to make the order at the time it was made, the judgment rendered would be void, and an appeal would lie to review it: Trullenger v. Todd, 5 Or. 36. Mr. Chief Justice Fuller, in Hume v. Bowie, 148 U. S. 245, 13 Sup. Ct. 582, in commenting upon an order of the court vacating a judgment, said: “The question involved is one of power, for if the court had power to make the order when it was made, then it was not…
2Cases cited7 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Hume v. BowieSupreme Court of the United States · 1893
- Trullenger v. ToddOregon Supreme Court · 1873
- Craig v. WrothCourt of Appeals of Maryland · 1877
- Elder v. National BankSupreme Court of Kansas · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Sturgis v. SturgisOregon Supreme Court · 1908
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- State v. O'DayOregon Supreme Court · 1902
- Oregon R. & N. Co. v. EastlackOregon Supreme Court · 1909
52 more not listed; retrieve them via the Exa API.