Oregon Supreme Court, 1914

White v. Geinger

Oregon Supreme Court · Decided March 17, 1914 · Bean, Burnett, Eakin, McBride

70 Or. 81; 139 P. 572; 1914 Ore. LEXIS 220

Cases that cite this one

6 later published cases cite this decision.

Clarizo v. Spada Distributing Co., Inc. (Or. 1962)
City of Portland v. THERROW (Or. 1962)
Benson v. Birch (Or. 1932)
Brown v. Jones (Or. 1931)
State v. Hecker (Or. 1923)
State v. Evans (Or. 1920)

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

Mr. Justice Burnett

delivered the opinion of the court.

1. Section 175, L. O. L., says:

"A motion to set aside a judgment and for a new trial, with the affidavits, if any, in support thereof, shall be filed within one day after the entry of the judgment sought to be set aside, or such further time as the court may allow.”

In view of this statute, the Circuit Court could not properly entertain the motion filed more than one day after the trial, without extension of time having been granted: State v. McDaniel, 39 Or. 161 (65 Pac. 520).

2. Moreover, as held in Macartney v. Shipherd, 60 Or. 133 (117 Pac. 814, Ann. Cas. 1913D, 1257), no appeal lies from an order denying a motion for a new trial. For these reasons, the defendant has no standing in this court by virtue of his appeal, and the judgment against him must be affirmed.

Affirmed: Rehearing Denied.

Mr. Chief Justice McBride, Mr. Justice Eakin and Mr. Justice Bean concur.

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