Cross v. Chichester
Oregon Supreme Court
Appeal from Lane County. The appeal is from a judgment of the Circuit Court affirming a taxation of costs by tbe Clerk. Before a hearing was bad upon tbe merits of tbe cause a motion was submitted by respondent to dismiss tbe appeal upon these grounds: Hirst. The order, affecting only tbe taxation of costs, is not a “final decision.” Second. Tbe undertaking was not filed within ten days after tbe service of tbe notice of appeal.
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Appeal from Lane County. The appeal is from a judgment of the Circuit Court affirming a taxation of costs by tbe Clerk. Before a hearing was bad upon tbe merits of tbe cause a motion was submitted by respondent to dismiss tbe appeal upon these grounds: Hirst. The order, affecting only tbe taxation of costs, is not a “final decision.” Second. Tbe undertaking was not filed within ten days after tbe service of tbe notice of appeal. Pending tbe argument of tbe motion, counsel for appellant asked leave to perfect tbe appeal nunc pro tunc, and offered to file an affidavit in support of such…
1Opinion of the Court
By the Court,
Upton, J.:
It appears from the transcript that the defendant filed with the Clerk, under § 546 of the Practice Act, a statement of his disbursements, the items of which were for witnesses’ fees, in which he specified the name of each witness and the amount of the disbursement, setting out each item in the following form:
“----, - days, - miles, $----,” giving the name of the witness, the number of days, the *116number of miles, and the amount claimed for each witness. The statement was verified.
The appellant filed the following objections:
“1st. It does not appear from said bill of…
2Cited by7 opinions
- Fleischner v. Bank of McMinnvilleOregon Supreme Court · 1898
- Ferrari v. Beaver Hill Coal Co.Oregon Supreme Court · 1909
- State ex rel. Mahoney v. McKinmoreOregon Supreme Court · 1880
- Young v. HughesOregon Supreme Court · 1901
- Alberson v. MahaffeyOregon Supreme Court · 1877
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