Grover v. Hawthorne
Oregon Supreme Court
Decided June 6, 1911. On Motion to Dismiss. [116 Pac. 100.] From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is a suit by Elizabeth Grover, executrix of the estate of LaFayette Grover, deceased, and Elizabeth Grover against Rachel L. Hawthorne and the Hawthorne Estate, a corporation.
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Decided June 6, 1911. On Motion to Dismiss. [116 Pac. 100.] From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is a suit by Elizabeth Grover, executrix of the estate of LaFayette Grover, deceased, and Elizabeth Grover against Rachel L. Hawthorne and the Hawthorne Estate, a corporation. In the year 1910 respondents in this proceeding brought suit against appellants to have certain conveyances made by LaFayette Grover and wife to J. C. Hawthorne declared to be mortgages, and for permission to redeem the premises described therein. A decree was rendered against…
1Opinion of the CourtJustice McBride
1, 2. While orders made nunc pro tunc, correcting or amending the record, will very seldom be disturbed by an appellate court, and never, except for an abuse of discretion or absolute want of authority to make them, they are appealable to the end that the higher court may examine them for the purpose of ascertaining whether there has been such abuse.
3. Upon this motion we can only hold that the order of the court, refusing to vacate the order of March 10, 1911, is an appealable order.
We cannot, upon a motion to dismiss the appeal, try out the merits of the controversy, or look into the…
2Cases cited13 opinions
- In Re WightSupreme Court of the United States · 1890
- Crim v. KessingCalifornia Supreme Court · 1891
- Kaufman v. ShainCalifornia Supreme Court · 1896
- Bilansky v. StateSupreme Court of Minnesota · 1859
- Cloyes v. EckernOregon Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gow v. Multnomah Hotel, Inc.Oregon Supreme Court · 1951
- Matter of Marriage of MullinaxOregon Supreme Court · 1982
- Turlay v. Farmers Insurance ExchangeOregon Supreme Court · 1971
- Weinstein v. WheelerOregon Supreme Court · 1928
- National Council v. McGinnOregon Supreme Court · 1914
20 more not listed; retrieve them via the Exa API.