Durham v. Commercial Nat. Bank
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Action by Ella C. Durham, administratrix of S. A. Durham, deceased, against the Commercial National Bank of Portland. In 1899 Henry Weinhard, George H. Williams, and others, including the plaintiff, commenced separate actions at law against the defendant bank to recover damages for an alleged conversion by it of shares of its capital stock.
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From Multnomah: John B. Cleland, Judge. Action by Ella C. Durham, administratrix of S. A. Durham, deceased, against the Commercial National Bank of Portland. In 1899 Henry Weinhard, George H. Williams, and others, including the plaintiff, commenced separate actions at law against the defendant bank to recover damages for an alleged conversion by it of shares of its capital stock. After the issues had been joined in the several actions, a stipulation was entered into between the parties by which it was agreed that the case of Weinhard and Williams should be tried before the court without the…
1Opinion of the CourtJustice Bean
1. It is insisted that the court had no power at a subsequent term to vacate or modify the judgment rendered in February. The statute provides that the court may, “in its- discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect”: B. & C. Coinp. § 103. A judgment rendered against a party contrary to an understanding or agreement with • his adversary is taken against him by “surprise,” within the meaning of this…
2Cases cited3 opinions
- Thompson v. ConnellOregon Supreme Court · 1897
- Eldridge v. HoeferOregon Supreme Court · 1904
- Pengra v. WheelerOregon Supreme Court · 1893
3Cited by8 opinions
- Hall v. WorkOregon Supreme Court · 1960
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Abrams v. RushlightOregon Supreme Court · 1937
- Voorhees v. Geiser-Hendryx Inv. Co.Oregon Supreme Court · 1908
- Raski v. WiseOregon Supreme Court · 1910
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