Whitley v. Murphy
Oregon Supreme Court
Appeal from Marion County. This is a suit in equity to enjoin tbe collection of costs and disbursements in tbe case of the State o Oregon against said A. H. Whitley, deceased. The complaint shows that the said Susan Whitley is the sole executrix of the estate of A. H. Whitley, deceased.
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Appeal from Marion County. This is a suit in equity to enjoin tbe collection of costs and disbursements in tbe case of the State o Oregon against said A. H. Whitley, deceased. The complaint shows that the said Susan Whitley is the sole executrix of the estate of A. H. Whitley, deceased. That said A. H. Whitley died on the 6th day of October, 1873. That on the 17th of October, 1873, appellant was duly appointed sole executrix of the estate and immediately qualified and entered upon the discharge of her trust and is still acting as such. That in November, 1872, the said A. H. Whitley was…
1Opinion of the Court
By the Court,
Burnett, J.:
In this ease, the principal question, presented is, whether the appeal in a criminal case vacates the judgment entered in the court below, or simply suspends its operation?
The Criminal Code (page 371, § 237), provides that “an appeal from a judgment on a conviction stays the execution of the judgment, upon filing, with the notice of appeal, a certificate of the judge of the court in which the conviction was had, or of a judge of the Supreme Court, that in his opinion there is probable cause for the appeal, but not otherwise.” That is to say,.if a defendant in a…
2Cases cited2 opinions
- Kent v. SnyderCalifornia Supreme Court · 1866
- Castle v. BaderCalifornia Supreme Court · 1863
3Cited by7 opinions
- United States v. MitchellU.S. Circuit Court for the District of Oregon · 1908
- Federal Land Bank of Spokane v. SchermerhornOregon Supreme Court · 1937
- Wisbey v. Nationwide Mutual Insurance CompanyOregon Supreme Court · 1973
- State Ex Rel. Bailey v. EllisOregon Supreme Court · 1937
- State v. ArmstrongOregon Supreme Court · 1904
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