Legal Opinion
Waybrant v. Bernstein
Oregon Supreme Court
Decided April 6, 1983No. TC 77-3-25, CA A24324, SC 28700PublishedCited by 36 opinions
1Opinion of the CourtCarson, J.
The issue presented by this case is whether the circuit court order that denied the plaintiffs 1 motion to vacate a prior decree closing an estate and discharging the defendant as personal representative is an appealable order.
The plaintiffs decedent was fatally injured in a one-car accident while riding as a passenger. The driver, Randolph DeMary, was also killed. For the purpose of prosecuting a wrongful death action against DeMary, the plaintiff petitioned the Clackamas County Circuit Court for an order opening DeMary’s estate and appointing a personal representative. ORS 113.035. The…
2Cases cited22 opinions
- Whipple v. HowserOregon Supreme Court · 1981
- Macartney v. ShipherdOregon Supreme Court · 1911
- State v. CurranOregon Supreme Court · 1981
- David M. Scott Construction Corp. v. FarrellOregon Supreme Court · 1979
- Clarizo v. Spada Distributing Co., Inc.Oregon Supreme Court · 1962
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. CloutierOregon Supreme Court · 2011
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
- State v. McAnultyOregon Supreme Court · 2014
- State v. AinsworthOregon Supreme Court · 2009
- State v. NixOregon Supreme Court · 2015
31 more not listed; retrieve them via the Exa API.