Portland & O. C. Ry. Co. v. Doyle
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. This is an action by the Portland and Oregon City Railway Company, a corporation, against J. W. Doyle,. M. J. Doyle and L. J. Doyle to condemn real property for railroad purposes. From a voluntary judgment of nonsuit the defendants attempt to appeal. Respondent moves to dismiss the appeal. In Banc.
1Opinion of the CourtJustice Benson
1. Plaintiff began this action to condemn real property for railroad purposes. Upon the trial the court excluded certain evidence offered by plaintiff, which was deemed vital to the case, whereupon plaintiff asked for a voluntary nonsuit, which was granted by the court without objection from defendants. The entry of such judgment was made on February 23, 1917, such entry being silent as to costs and disbursements. On February 27,1917, defendants filed a motion asking judgment for their costs and disbursements, including the attorney fee provided in Chapter 49, page 81, Laws 1913. A hearing…
Also in this document: Per curiam.
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