Macartney v. Shipherd
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is an action by Samuel Macartney against Edward Shipherd on a contract between the parties, the result of which was a verdict and judgment thereon in favor of the plaintiff on November 12, 1908, for $2,000. On December 8, 1908, the defendant filed a motion for a new trial on the ground of alleged errors v committed by the court during the progress of the trial, and for the further reason that the…
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is an action by Samuel Macartney against Edward Shipherd on a contract between the parties, the result of which was a verdict and judgment thereon in favor of the plaintiff on November 12, 1908, for $2,000. On December 8, 1908, the defendant filed a motion for a new trial on the ground of alleged errors v committed by the court during the progress of the trial, and for the further reason that the evidence was not sufficient to justify the verdict. After argument, the circuit court kept this motion under advisement…
1Opinion of the CourtJustice Burnett
1. “An appeal is not a matter of primary right. It is a privilege, and he who would enjoy that privilege must show some statute conferring it upon him.” Portland v. Nottingham, 58 Or. 1 (118 Pac. 28); Portland v. Gaston, 38 Or. 533 (63 Pac. 1051); Sears v. Dunbar, 50 Or. 36 (91 Pac. 145); Union National Bank v. Barth, 179 Ill. 83 (53 N. E. 615).
*1352. “Any party to a judgment or decree other than a judgment or decree given by confession or for want of an answer may appeal therefrom.” Section 549, L. O. L.
This section of the Code defines who may appeal, and from what an appeal may be taken. Section…
2Cases cited28 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Barnitz v. BeverlySupreme Court of the United States · 1896
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Kearney v. SnodgrassOregon Supreme Court · 1885
23 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- State Ex Rel. Bushman v. VandenbergOregon Supreme Court · 1955
- Waybrant v. BernsteinOregon Supreme Court · 1983
- Cox v. City of KinstonSupreme Court of North Carolina · 1940
- Hodges v. SnyderSouth Dakota Supreme Court · 1922
- Benson v. BirchOregon Supreme Court · 1932
42 more not listed; retrieve them via the Exa API.