Roethler v. Cummings
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc., Statement "by Mr. Justice Bean. Tkis is a proceeding for a writ of review to set aside the judgment of the Justice’s Court in an action wherein H. J. Cummings was plaintiff and Amos Roethler and David Lee were defendants. The writ was sustained by the Circuit Court and defendant Cummings appeals. Submitted on briefs under the proviso of Supreme Court Rule 18: 56 Or. 622 (117 Pac. xi).
1Opinion of the CourtJustice Bean
1. The first error assigned for consideration upon this appeal is that there was no service of the writ. It appears, however, that by prearrangement made between counsel for the respective parties the justice of the peace voluntarily made a full return to the writ, and counsel for defendant Cummings appeared at the hearing, filed a written brief, and made an argument in the Circuit Court. The service of the writ was therefore waived by defendant. Section 63, L. O. L., provides that:
“From the time of the service of the summons, or the allowance of a provisional remedy, the court shall be…
2Cases cited14 opinions
- Belknap v. CharltonOregon Supreme Court · 1893
- Curran v. StateOregon Supreme Court · 1909
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Multnomah Lumber Co. v. Toston Basket Co.Oregon Supreme Court · 1909
- Gue v. City of EugeneOregon Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bienz v. City of DaytonCourt of Appeals of Oregon · 1977
- Bechtold v. WilsonOregon Supreme Court · 1947
- Duncan Lumber Co. v. Willapa Lumber Co.Oregon Supreme Court · 1919
- State Ex Rel. Methodist Old People's Home v. CrawfordOregon Supreme Court · 1938
- Northwest Environmental Defense Center v. City Council of PortlandCourt of Appeals of Oregon · 1975
5 more not listed; retrieve them via the Exa API.