Hislop v. Moldenhauer
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge. This was an action of forcible entry and detainer by Thomas Hislop against W. J. Moldenhauer, and is now here on the third appeal.
Read the full summary
Multnomah County: E. D. Shattuck, Judge. This was an action of forcible entry and detainer by Thomas Hislop against W. J. Moldenhauer, and is now here on the third appeal. The first appeal is reported in 21 Or. 208, and the second in 23 Or. 119. Some five months after the cost bill of defendant had been filed, the plaintiff moved to correct certain errors in the costs as taxed, and the question was urged on the second appeal, but as the record was not complete, the court refused to consider it: 23 Or. 122. After the mandate had been entered on the second appeal, the objections to the cost…
1Opinion of the Court
Opinion
2Per curiam
1. Where a judgment for costs and disbursements is rendered in favor of the defendant, and a cost bill in due form is filed within the time allowed by law, and no objection filed or made thereto within two days thereafter, it is error for the trial court to permit objections to such cost bill to be filed five months thereafter, without a showing that the failure to file objections within the two days allowed by law was through the plaintiff’s mistake, inadvertence, surprise, or excusable neglect.
2. A journal entry reciting that a judgment was rendered and entered on the twenty-fourth…
3Cited by4 opinions
- Willis v. LanceOregon Supreme Court · 1896
- Overton v. BlakeOregon Supreme Court · 1976
- Peterson v. BealsOregon Supreme Court · 1921
- Basim v. WadeOregon Supreme Court · 1906