Fassman v. Baumgartner
Cases that cite this one
10 later published cases cite this decision.
- Garrett Hemann Robertson, P. C. v. Winn (Or. Ct. App. 2013)
- In re the Marriage of Henry (Or. Ct. App. 1985)
- Currier v. Anderson (Or. 1931)
- Kerschner v. Smith (Or. 1927)
- Johnson v. Paulson (Or. 1916)
- State v. Simpson (Or. 1914)
- Wallace v. McDaniel (Or. 1911)
- State v. Leasia (Or. 1904)
- Whipple v. Southern Pacific Co. (Or. 1899)
- State ex rel. Mahoney v. McKinnon (Or. 1880)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Section 526 of the Code declares that “ any party to a judgment or decree, other than a judgment or decree given by confession, jot for want of answer, may appeal tberefrom.”
“When a case is here upon a proper appeal, this court may take any action thereon authorized by statute. But tbis motion develops facts showing that tbis wras an attempted appeal in a case in which the law admits of no appeal. The parties below were present in that court, and the defendants substantially failed to answer, and the decree was given for tbat reason.
The plaintiff below might have treated the appeal as a nullity, and procured an e; ecution at any time.
Motion is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.