Sears v. Dunbar
Oregon Supreme Court
From Marion: William Galloway, Judge. • Statement by Mr. Justice Eakin; This is a motion to dismiss an appeal. The proceeding was originally commenced by J. K. Sears, a citizen and taxpayer of the State of Oregon, against F. I. Dunbar, who- was the Secretary of State of the State of Oregon from January 9, 1899, to January 14, 1907. It is alleged that during that time he collected and received for the benefit of the State of Oregon a large amount of money, viz., $100,000, as…
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From Marion: William Galloway, Judge. • Statement by Mr. Justice Eakin; This is a motion to dismiss an appeal. The proceeding was originally commenced by J. K. Sears, a citizen and taxpayer of the State of Oregon, against F. I. Dunbar, who- was the Secretary of State of the State of Oregon from January 9, 1899, to January 14, 1907. It is alleged that during that time he collected and received for the benefit of the State of Oregon a large amount of money, viz., $100,000, as fees for various filings, copies of records, issuing various commissions and licenses, and recording various papers in…
1Opinion of the Court
*38Opinion by
Mr. Justice Eakin.
1. The question is whether the order appealed from is a final order, or one from which an appeal will lie at this stage of' the proceeding. Our statute (Section - 547), as amended (Laws 1907, p. 313, c. 162), provides:
“A judgment or decree may be reviewed as prescribed in this chapter, and not otherwise. An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a .judgment or • decree therein, or a final order affecting a substantial right, and made in a proceeding after judgment or decree, or an order setting aside…
2Cases cited21 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Phillips v. NegleySupreme Court of the United States · 1886
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Hume v. BowieSupreme Court of the United States · 1893
- Deering v. QuiveyOregon Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Macartney v. ShipherdOregon Supreme Court · 1911
- Winters v. GrimesOregon Supreme Court · 1928
- City of Portland v. NottinghamOregon Supreme Court · 1911
- Blumauer-Frank Drug Co. v. Horticultural Fire ReliefOregon Supreme Court · 1911
- Taylor v. TaylorOregon Supreme Court · 1912
19 more not listed; retrieve them via the Exa API.