Legal Opinion

Clough v. Dawson

Oregon Supreme Court

Decided July 8, 1913PublishedCited by 15 opinions

On Motion to Dismiss. From Multnomah: John P. Kavanaugh, Judge. This is a suit by Charles Clough and Addie Clough, his wife, against V. J. Dawson and Eose Dawson, his wife, Hugh McGovern and Lenora D. Miller. There was a decree for plaintiffs and defendants appeal. Eespondents file motion to dismiss appeal. Statement by Mr. Justice Bean.

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On Motion to Dismiss. From Multnomah: John P. Kavanaugh, Judge. This is a suit by Charles Clough and Addie Clough, his wife, against V. J. Dawson and Eose Dawson, his wife, Hugh McGovern and Lenora D. Miller. There was a decree for plaintiffs and defendants appeal. Eespondents file motion to dismiss appeal. Statement by Mr. Justice Bean. This is a suit to rescind a contract for the exchange of real estate on the ground of fraud, and for a conveyance to plaintiffs of a portion of that realty and certain other land received by defendants in exchange for the remainder of plaintiffs’ properties.…

1Opinion of the CourtJustice Moore

This is a motion to dismiss an appeal based on the ground that the transcript does not contain all the testimony given at the trial.

1, 2. The record before us includes certified copies of the notice of appeal, the undertaking therefor, and the decree that was given, thereby -conferring upon this court jurisdiction of the cause. "Whether or not sufficient testimony has been included in the transcript to authorize a review of the decree cannot be determined in this primary proceeding.

The motion to dismiss appeal is therefore denied.

Motion Denied.

2Cited by15 opinions

  1. Davenport v. BurkeIdaho Supreme Court · 1917
  2. State v. HydeOregon Supreme Court · 1918
  3. Eaid v. National Casualty Co.Oregon Supreme Court · 1927
  4. Rowe v. FreemanOregon Supreme Court · 1918
  5. Lasene v. SyvanenOregon Supreme Court · 1927

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