Chapman v. Multnomah County
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is a suit by W. S. Chapman, against Multnomah County, and is brought to set aside a conveyance executed by one of plaintiff’s predecessors in title. An amended complaint having been filed, the defendant moved to strike it out on certain grounds specified in the motion.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is a suit by W. S. Chapman, against Multnomah County, and is brought to set aside a conveyance executed by one of plaintiff’s predecessors in title. An amended complaint having been filed, the defendant moved to strike it out on certain grounds specified in the motion. The motion was overruled on April 22, 1909. On May 17, 1909, the circuit court entered a decree reciting that, plaintiff being present by his attorney, it appeared that the motion of the defendant to strike out the complaint had been overruled five…
1Opinion of the CourtJustice Burnett
1. “The court may likewise, in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or such other act to be done, after the time limited by this Code, or by an order enlarge such time; and may also, in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.” Section 103, L. O. L.
Confessedly, the motion to set aside the decree of May 17, 1909, and to permit the defendant to…
2Cases cited1 opinion
- Fildew v. MilnerOregon Supreme Court · 1910
3Cited by7 opinions
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- Alery v. ALERY, JR., ET UX.Oregon Supreme Court · 1951
- Alery v. ALERY, JR., ET UX.Oregon Supreme Court · 1951
- Anderson v. GuentherOregon Supreme Court · 1933
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