Legal Opinion

Francis v. Bohart

Oregon Supreme Court

Decided September 8, 1914PublishedCited by 12 opinions

From Lane: Lawrence T. Harris, Judge. This is an action by I. M. Francis against W. A. Bohart. From a judgment in favor of plaintiff, defendant appeals. Respondent moves to strike appellant’s abstract of record from the files. Department 2. Statement by Mr. Justice Burnett.

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From Lane: Lawrence T. Harris, Judge. This is an action by I. M. Francis against W. A. Bohart. From a judgment in favor of plaintiff, defendant appeals. Respondent moves to strike appellant’s abstract of record from the files. Department 2. Statement by Mr. Justice Burnett. This action was commenced to recover tbe possession of seven cows, two heifers, and four calves, of tbe alleged value of $745. Tbe defendant admits tbe possession of tbe cattle and tbe demand for their custody. Otherwise be denies tbe complaint. He further answers that tbe plaintiff represented to bim that be bad sold tbe…

1Opinion of the Court

Opinion

2Per curiam

1. The plaintiff respondent moves to strike from the files the appellant’s abstract of record, for the reason, in substance, that it misquotes the bill of exceptions and contains argumentative matter proper only for a brief. Based also upon this, he further moves to dismiss the appeal.

The practice in such cases is governed by Rule 7 of this court (56 Or. 616,117 Pac. x), which is as follows:

“If the respondent shall deem the appellant’s abstract imperfect or unfair, he may, within ten days after receiving a copy thereof, deliver to the appellant’s counsel one, and to the clerk of this…

3Cited by12 opinions

  1. Jeffries v. PankowOregon Supreme Court · 1924
  2. Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
  3. Endicott v. DigernessOregon Supreme Court · 1922
  4. First Nat. Bank v. YocomOregon Supreme Court · 1920
  5. Lynch v. Sable-Oberteuffer-Peterson, Inc.Oregon Supreme Court · 1927

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