Catterlin v. Bush
Oregon Supreme Court
From Marion : George H. Burnett, Judge. Action for damages by S. B. Catterlin against A. Bush, resulting in a judgment for defendant on the pleadings. Plaintiff gave notice of appeal and filed the undertaking required by law. At that time the law required that the transcript should be filed in the supreme court at the beginning of the next term.
Read the full summary
From Marion : George H. Burnett, Judge. Action for damages by S. B. Catterlin against A. Bush, resulting in a judgment for defendant on the pleadings. Plaintiff gave notice of appeal and filed the undertaking required by law. At that time the law required that the transcript should be filed in the supreme court at the beginning of the next term. Before that time a new statute regulating appeals became effective (Laws, 1899, p. 227), providing that on the appeal being perfected the appellant shall file the transcript within thirty days thereafter. This not having been clone, respondent moves…
1Opinion of the Court
Decided 15 January, 1900.
On Motion to Dismiss Appeal.
2Per curiam
1. This is a motion to dismiss an appeal because the transcript was not filed in time. The question involved is whether the act of February 22, 1899, amending section 541 of the Code (Laws, 1899, p. 227,) applies to appeals taken and perfected before it went into effect. That it is within the power of the legislature to change and modify the statute relating to judicial procedure, so as to affect proceedings in pending causes, is unquestioned. And legislative enactments which affect the mode of procedure only are often construed to so…
3Cases cited1 opinion
- Judkins v. TaffeOregon Supreme Court · 1891
4Cited by14 opinions
- Ellis v. KlaffCalifornia Court of Appeal · 1950
- Libby v. Southern Pacific Co.Oregon Supreme Court · 1923
- Brown v. SllvertonOregon Supreme Court · 1920
- Mitchell v. LandAlaska Supreme Court · 1960
- Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
9 more not listed; retrieve them via the Exa API.