Robinson v. Phegley
Oregon Supreme Court
Motion to Dismiss. From Multnomah: George R. Bagley, Judge. In Banc. In Banc. The third amended complaint was filed on August 2, 1916, in which the plaintiff prayed for judgment against the defendant for the sum of $34,345.43, with accrued interest from June 11, 1907, “and for such other, further and different relief to which plaintiff may be entitled and which to equity may seem meet.”
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Motion to Dismiss. From Multnomah: George R. Bagley, Judge. In Banc. In Banc. The third amended complaint was filed on August 2, 1916, in which the plaintiff prayed for judgment against the defendant for the sum of $34,345.43, with accrued interest from June 11, 1907, “and for such other, further and different relief to which plaintiff may be entitled and which to equity may seem meet.” To this complaint a demurrer was sustained by the trial court and the plaintiff appealed to this court, where the case was “reversed and remanded with directions” in an opinion by Mr. Justice MgCamant, 84 Or.…
1Opinion of the CourtMcBRIDE, C. J.
This is a motion to dismiss an appeal. The grounds assigned are: (1st) That the transcript was not filed within the time prescribed by statute, or within any extension of that time; (2d) That the notice of appeal is signed by the appealing party and not by her attorney, and (3d) That the notice of appeal does not sufficiently describe the judgment. On the face of the transcript it appears that after perfecting her appeal plaintiff secured two orders extending the time to file the transcript. The first order granted an extension of fifty days, and before this time elapsed another order was…
2Cases cited6 opinions
- Fritz v. RiggsOregon Supreme Court · 1919
- Shirley v. BirchOregon Supreme Court · 1888
- Fraley v. HobanOregon Supreme Court · 1913
- Robinson v. PhegleyOregon Supreme Court · 1917
- Poppleton v. NelsonOregon Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Charco, Inc. v. CohnOregon Supreme Court · 1966
- First Nat. Bank v. WegenerOregon Supreme Court · 1919
- In re RiggsOregon Supreme Court · 1922
- Neal v. HaightOregon Supreme Court · 1949
- Clark v. Auto Wholesale Co., Inc.Oregon Supreme Court · 1964
7 more not listed; retrieve them via the Exa API.