Oregon Supreme Court, 1914

West Coast Lumber Co. v. Brady

Oregon Supreme Court · Decided January 13, 1914 · Bean, Eakin, McBride, McNary

69 Or. 39; 137 P. 764; 1914 Ore. LEXIS 308

Cases that cite this one

1 later published case cites this decision.

Cranston v. Stanfield (Or. 1927)

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

Opinion by

Mr. Chief Justice McBride.

The Circuit Court had no jurisdiction to allow a substitution of the copy of the amended complaint. It was the duty of the appellant to bring into the Circuit Court a perfect record. If portions of the record had been lost, it was the duty of the appellant to have applied to the Justice’s Court for leave to substitute copies before bringing up his transcript. Failing to *41do this, the Circuit Court was without jurisdiction to hear the cause: Corbitt & Macleay v. Bauer, 10 Or. 340.

Plaintiff was in the Appellate Court without a complaint, and the action was properly dismissed.

The judgment is affirmed. Affirmed.

Mr. Justice Bean, Mr. Justice Eakin and Mr. Justice McNary concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.