Henrichsen v. Smith
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. On Motion to Affirm. This is a motion under Eule 14 to affirm a judgment on an alleged abandoned appeal.
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From Multnomah: Henry E. McGinn, Judge. On Motion to Affirm. This is a motion under Eule 14 to affirm a judgment on an alleged abandoned appeal. In February, eighteen hundred and ninety-five, plaintiff recovered a judgment against the defendant in the Circuit Court of Multnomah County, before the late Judge Hurley, from which he took an appeal a short time afterwards, by serving a notice thereof, and filing the same with proof of service, together with an undertaking in the court below, and in due time prepared and presented to the trial judge his bill of exceptions for allowance, but before…
1Per curiam
1. From this statement it will be seen that the question sought to be determined in this proceeding is the validity of the order of Judge McGinn setting aside the judgment and granting a new trial, but we have no jurisdiction to determine that question. Under the statute this court does not acquire jurisdiction to hear and determine a cause unless the transcript is filed by the second day of the ensuing term after the appeal is perfected, or within such further time as may be allowed in the manner provided by law: Hill’s Code, § 541. The requirements of this section have not been complied…
2Cases cited14 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Hume v. BowieSupreme Court of the United States · 1893
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Deering v. QuiveyOregon Supreme Court · 1895
- McBride v. Northern Pacific R. R.Oregon Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. RamirezIdaho Supreme Court · 1921
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Weinstein v. WheelerOregon Supreme Court · 1928
- First Christian Church v. RobbOregon Supreme Court · 1914
- Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925
20 more not listed; retrieve them via the Exa API.