Nurse v. Justus
Oregon Supreme Court
Appeal from Jackson County. This action was originally tried and determined in the justice’s court for Jacksonville Precinct, Jackson county, Oregon. Nurse recovered a judgment against Justus for twenty-one dollars, together with his disbursements, taxed at twenty-one dollars and thirty-five cents. Justus appealed to the circuit court. The cause was tried therein by a jury, and Nurse had a verdict for twenty-one dollars.
Read the full summary
Appeal from Jackson County. This action was originally tried and determined in the justice’s court for Jacksonville Precinct, Jackson county, Oregon. Nurse recovered a judgment against Justus for twenty-one dollars, together with his disbursements, taxed at twenty-one dollars and thirty-five cents. Justus appealed to the circuit court. The cause was tried therein by a jury, and Nurse had a verdict for twenty-one dollars. Thereafter, on said verdict, the court rendered judgment in favor of Nurse for twenty-one dollars and the disbursements in the justice’s court, taxed at twenty-one dollars…
1Opinion of the Court
By the Court, McArthur, J.:
The record presents but one question. When an appeal is taken to the circuit court from the justice’s court, must the judgment recovered in the circuit court be in excess of fifty dollars before the appellate court can adjudge the recovery of costs and disbursements to the prevailing party? The question is one which must be decided by construing and applying certain provisions of the code, about to be referred to. We are of opinion that section 539 does not apply to cases appealed from the justice’s courts; but that such cases fail within and are governed by the…
2Cited by7 opinions
- State v. DodsonOregon Supreme Court · 1961
- Hollinger v. BlairOregon Supreme Court · 1974
- Burt v. AmbroseOregon Supreme Court · 1883
- Hasbrook v. LynchOregon Supreme Court · 1934
- State v. JohnsonCourt of Appeals of Oregon · 2012
2 more not listed; retrieve them via the Exa API.