Stivers v. Byrkett
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Eakin. This is an appeal from the order of the court denying a motion to vacate a judgment and for a leave to reply. J. H. Gilde and J. H. Gilde, Jr., partners, doing business as J. H. Gilde & Son, at Sacramento, California, on August 30, 1906, commenced an action in Multnomah County, Oregon, against A. It. Byrkett, to recover upon a promissory note the sum of $1,340, with interest.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Eakin. This is an appeal from the order of the court denying a motion to vacate a judgment and for a leave to reply. J. H. Gilde and J. H. Gilde, Jr., partners, doing business as J. H. Gilde & Son, at Sacramento, California, on August 30, 1906, commenced an action in Multnomah County, Oregon, against A. It. Byrkett, to recover upon a promissory note the sum of $1,340, with interest. Thereafter, on October 28, 1906, plaintiff J. H. Gilde, Sr., died. Defendant, on October 29,1906, answered the complaint by setting forth the…
1Opinion of the CourtJustice Eakin
1. This motion was made under the provisions of Section 103, B. & C. Comp., to be relieved from a judgment taken against plaintiffs through their mistake, inadvertence, surprise, or excusable neglect. The facts set forth in the affidavit of J. H. Glide, Jr., disclose that he knew a counterclaim had been filed against plaintiffs, but that he did not know it was necessary to reply thereto; that *569he received notice September 23, 1907, that the trial of the cause had been set for October 1, 1907; that it was impossible for him to be at Portland, Oregon, at such time, for the reason that litigation…
2Cases cited4 opinions
- Holton v. TownerSupreme Court of Missouri · 1884
- Long v. ThompsonOregon Supreme Court · 1899
- Dick v. KendallOregon Supreme Court · 1876
- Barker v. LaddUnited States Circuit Court · 1874
3Cited by19 opinions
- Lothstein v. FitzpatrickOregon Supreme Court · 1943
- Anderson v. Stayton State BankOregon Supreme Court · 1916
- Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925
- Clay v. Pay Less Drug Stores Northwest, Inc.Oregon Supreme Court · 1976
- Mendez v. WalkerOregon Supreme Court · 1975
14 more not listed; retrieve them via the Exa API.