St. Helens Lumber Co. v. Evans
Oregon Supreme Court
From Columbia: James A. Eakin, Judge. Iu Banc. February 14, 1916, plaintiff recovered a verdict in tbe Justice Court for District No, 6, Columbia County, against defendant. Defendant in due time appealed. The transcript filed from the Justice’s Court contained the docket entries in the Justice Court, but it is claimed the original pleadings and exhibits were not attached.
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From Columbia: James A. Eakin, Judge. Iu Banc. February 14, 1916, plaintiff recovered a verdict in tbe Justice Court for District No, 6, Columbia County, against defendant. Defendant in due time appealed. The transcript filed from the Justice’s Court contained the docket entries in the Justice Court, but it is claimed the original pleadings and exhibits were not attached. In the Circuit Court plaintiff moved for a dismissal of the appeal on the ground that the transcript showed no docket entry allowing the appeal by the Justice Court, and, further, that no original papers were annexed to this…
1Opinion of the CourtOlson, J.
1. No bill of exceptions was filed by plaintiff. Two typewritten sheets signed by the court reporter, purporting to state what occurred upon the presentation of plaintiff’s motion to dismiss appeal, accompany the transcript. These sheets are not called a bill of exceptions. They lack the certificate of the trial judge and wholly fail to fulfil the requirements of a bill of exceptions.
2,3. The only thing before us therefore is the original papers and these on their face are regular, with the .exception that the docket of the Justice Court shows no entry of allowance of appeal. This, however,…
2Cases cited1 opinion
- Jacobs v. OrenOregon Supreme Court · 1897
3Cited by4 opinions
- Caveny v. ASHEIMOregon Supreme Court · 1954
- Cranston v. StanfieldOregon Supreme Court · 1927
- France v. WEINSTEINOregon Supreme Court · 1960
- Caveny v. ASHEIMOregon Supreme Court · 1954