Voorhees v. Geiser-Hendryx Inv. Co.
Oregon Supreme Court
From Baker: William Smith, Judge. This is a suit by C. S. Voorhees, as a trustee of the Taber Fraction Mines Company, against the Geiser-Hendryx Investment Company and Clark Taber, praying that the investment company be decreed to be a trustee for plaintiff, and as such, holding the title to the Consolidated Fractional Quartz Mining Claim and the Rastus Claim, and to have Taber’s interest in such mining property determined.
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From Baker: William Smith, Judge. This is a suit by C. S. Voorhees, as a trustee of the Taber Fraction Mines Company, against the Geiser-Hendryx Investment Company and Clark Taber, praying that the investment company be decreed to be a trustee for plaintiff, and as such, holding the title to the Consolidated Fractional Quartz Mining Claim and the Rastus Claim, and to have Taber’s interest in such mining property determined. From a default decree in favor of plaintiff, and an order denying a motion to set aside the decree, and for leave to answer, two of the defendants appeal. Statement by Mr.…
1Opinion of the Court
*607Opinion by
Mr. Chief Justice Bean.
1. The statute provides that the court may “in its discretion and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.” Section 103, B. & C. Comp. An application under this section to be relieved from a default, is addressed to the discretion of the trial court. It however is not arbitrary, but should be exercised in conformity with the spirit of the law, and in a manner to advance…
2Cases cited3 opinions
- Thompson v. ConnellOregon Supreme Court · 1897
- Hanthorn v. OliverOregon Supreme Court · 1897
- Durham v. Commercial Nat. BankOregon Supreme Court · 1904
3Cited by8 opinions
- Isensee Motors v. RandSupreme Court of Minnesota · 1936
- Washington County v. ClarkOregon Supreme Court · 1976
- In re the Marriage of McKennaCourt of Appeals of Oregon · 1982
- McCoy v. HuntleyOregon Supreme Court · 1909
- Fretland v. CantrallOregon Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.