City of Portland v. Blue
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. . Statement by Mr. Justice Mc-Camant. A former appeal taken in this cause was heard and determined: See 77 Or. 131 (149 Pac. 548). It is unnecessary to restate the facts set out in the former opinion. The mandate of this court was entered in the journal of the lower court August 6, 1915. Thereafter it was discovered by counsel for the city that the judgment from which defendants had appealed was not entered in the journal.
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From Multnomah: George N. Davis, Judge. . Statement by Mr. Justice Mc-Camant. A former appeal taken in this cause was heard and determined: See 77 Or. 131 (149 Pac. 548). It is unnecessary to restate the facts set out in the former opinion. The mandate of this court was entered in the journal of the lower court August 6, 1915. Thereafter it was discovered by counsel for the city that the judgment from which defendants had appealed was not entered in the journal. The misprision was called to the attention of the court and on April 13,1916, a judgment was entered assessing the properties of…
1Opinion of the CourtJustice McCamant
1. The verdict of the jury which tried this cause was rendered and filed March 30, 1914. It is claimed that the court was without power to enter judgment on this *273verdict April 13, 1916. Authorities are cited to the effect that on the expiration of the term at which a judgment is rendered, the court’s control over the judgment lapses. These authorities are without relevancy because in this case no order was entered on the rendition of the verdict except an order discharging the jury. This order was not a judgment: Section 179, L. O. L.
It is provided by Section 201, L. O. L.:
“If the trial be by…
2Cases cited18 opinions
- State v. AndersonOregon Supreme Court · 1882
- State v. AbramsOregon Supreme Court · 1883
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- People ex rel. Holbrook v. PetitIllinois Supreme Court · 1915
- Cloyes v. EckernOregon Supreme Court · 1912
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3Cited by8 opinions
- Gow v. Multnomah Hotel, Inc.Oregon Supreme Court · 1951
- Turlay v. Farmers Insurance ExchangeOregon Supreme Court · 1971
- Johnson v. Assured Employment, Inc.Oregon Supreme Court · 1977
- Butler v. State Department of CorrectionsCourt of Appeals of Oregon · 1995
- Haberly v. Farmers' Mutual Fire Relief Ass'nOregon Supreme Court · 1930
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