Legal Opinion

Kieffer v. Victor Land Co.

Oregon Supreme Court

Decided December 29, 1908PublishedCited by 2 opinions

From Multnomah: MELVIN C. GEORGE, Judge. This is a suit by John J. Kieffer against the Victor Land Co., a corporation, A. L. Helman and Odile F. Collins, to set aside a deed executed by the chief of police of the City of Portland to certain property in said city, sold under a warrant issued for the collection of a delinquent sewer assessment. From a decree in part for plaintiff he appeals. On Motion to Dismiss.

1Opinion of the Court

Per Curiam :

1. This is a motion to dismiss an appeal as a suit in equity, on the grounds: (1) That the printed abstract does not contain an index or assignment of errors; and (2) that the transcript of the evidence does not include all the testimony given in the court below. The omission- of an index and an assignment of errors in the abstract was due to an oversight, and a sufficient showing has been made to justify the court in allowing the abstract to be amended in that regard.

A failure to send up all the testimony in an equity suit is no ground for the dismissal of an appeal. The…

2Cited by2 opinions

  1. Parker v. DalyOregon Supreme Court · 1911
  2. Jensen v. ProbertOregon Supreme Court · 1944

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