First Christian Church v. Robb
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice Burnett. This is an action by tbe First Christian Church of Medford against C. Robb and W. A. Morse, copartners, and the Massachusetts Bonding & Insurance Company, in which judgment was rendered for plaintiff, and defendant, the Massachusetts Bonding & Insurance Company, appeals. At the trial on April 10, 1913, and during the production of testimony for the plaintiff, it took a voluntary nonsuit.
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From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice Burnett. This is an action by tbe First Christian Church of Medford against C. Robb and W. A. Morse, copartners, and the Massachusetts Bonding & Insurance Company, in which judgment was rendered for plaintiff, and defendant, the Massachusetts Bonding & Insurance Company, appeals. At the trial on April 10, 1913, and during the production of testimony for the plaintiff, it took a voluntary nonsuit. On May 10, 1913, based upon affidavits, the plaintiff moved to vacate the judgment and reinstate the cause for trial. On the day last…
1Opinion of the CourtJustice Burnett
delivered the opinion of the court.-
1. At the time of the trial ended by the nonsuit, the terms of Circuit Court were held in Jackson County on the fourth Monday in March, the first Tuesday after the first Monday in September, and the second Monday in December. The rule is laid down in Ex parte Harrell, 57 Or. 95 (110 Pac. 493), that a court once convened in regular term continues open until it has adjourned sine die, or the term lapses by the commencement of a new one lawfully appointed. The motion to vacate the judgment of nonsuit was filed during the term at which the judgment was entered,…
2Cases cited6 opinions
- Deering v. QuiveyOregon Supreme Court · 1895
- Henrichsen v. SmithOregon Supreme Court · 1896
- Smith v. Ellendale Mill Co.Oregon Supreme Court · 1870
- Ayers v. LundOregon Supreme Court · 1907
- Ex parte HarrellOregon Supreme Court · 1910
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3Cited by20 opinions
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- Lothstein v. FitzpatrickOregon Supreme Court · 1943
- Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925
- Rosumny v. MarksOregon Supreme Court · 1926
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