State v. O'Day
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. From Multnomah: Arthur L. Frazer, Judge. In. September, 1895, one P. C. McCann died intestate in Multnomah County, leaving personal property to the value of about $8,000, and J. S. Cooper was regularly appointed administrator of his estate by the county court of that county.
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From Multnomah: John B. Cleland, Judge. From Multnomah: Arthur L. Frazer, Judge. In. September, 1895, one P. C. McCann died intestate in Multnomah County, leaving personal property to the value of about $8,000, and J. S. Cooper was regularly appointed administrator of his estate by the county court of that county. After the estate had been fully administered, Cooper filed his final account, showing a balance on hand for distribution of $6,268.47 in cash, 10 shares of the capital stock of the First National Bank of Independence, and a few other articles of personal property. The court…
1Opinion of the CourtJustice Bean
1. It is insisted that the order of Judge Cleland requiring the defendants O’Day & Tarpley to deliver to the receiver appointed in the escheat proceedings the property received by them from McCann’s administrator in pursuance of the orders of the county court was not final, and therefore not appealable. The statute provides that an order affecting a substantial right, and *499which, in effect determines the action or suit, shall be deemed a judgment or decree from which an appeal may be taken (Hill’s Ann. Laws, § 535); and it is believed that, so far as the rights of O’Day & Tarpley and their…
2Cases cited23 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- Hamilton v. BrownSupreme Court of the United States · 1896
- Goad v. MontgomeryCalifornia Supreme Court · 1898
- William Hill Co. v. LawlerCalifornia Supreme Court · 1897
- Deering v. QuiveyOregon Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Dunham v. StitzbergNew Mexico Supreme Court · 1948
- Hillman v. YoungOregon Supreme Court · 1912
- Re Faling EstateOregon Supreme Court · 1924
- Connolly v. Probate CourtIdaho Supreme Court · 1913
- State v. La FolletteOregon Supreme Court · 1921
27 more not listed; retrieve them via the Exa API.