Legal Opinion

Jefferson State Bank v. Welch

Oregon Supreme Court

Decided July 2, 1985No. CC 82-2505-J-3; CA A28600; SC S31337PublishedCited by 6 opinions

1Opinion of the CourtJones, J.

The defendants appeal from the decision of the Court of Appeals which “held that the trial court erred in allowing the defendants’ motion for summary judgment. We affirm the Court of Appeals decision.

The issue presented by this appeal is whether the interpretation of ORCP 67E.(2) 1 by the Court of Appeals changes substantive law and, therefore, violates the provisions of ORS 1.735 2 prohibiting rules of procedure which change substantive law.

Plaintiff, Jefferson State Bank (the Bank), brought an action against the defendants, Welch, Sr., Welch, Jr., and Juhl, doing business as W. R. Welch…

2Cases cited4 opinions

  1. May v. Josephine Memorial Hospital, Inc.Oregon Supreme Court · 1984
  2. Wheatley v. Carl Halvorson, Inc.Oregon Supreme Court · 1958
  3. Anderson v. Stayton State BankOregon Supreme Court · 1916
  4. Ryckman v. ManerudOregon Supreme Court · 1913

3Cited by6 opinions

  1. In Re Proceedings by Merrill Lynch Relocation Management, Inc. Jack Clopper v. Merrill Lynch Relocation Management, Inc. v. John M. Berman, IndividuallyCourt of Appeals for the Ninth Circuit · 1987
  2. Department of Revenue v. Universal Foods Corp.Oregon Supreme Court · 1991
  3. Ketcham v. SellesOregon Supreme Court · 1987
  4. Heritage Properties v. Wells Fargo BankCourt of Appeals of Oregon · 2022
  5. Clopper v. Merrill Lynch Relocation Management, Inc.Court of Appeals for the Ninth Circuit · 1987

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