Hahn v. Astoria Nat. Bank

• Decision Date: 28 March 1911
• Citation: 114 P. 1134,63 Or. 1
• Parties: HAHN v. ASTORIA NAT. BANK et al.
• Court: Oregon Supreme Court

114 P. 1134

63 Or. 1

HAHN v. ASTORIA NAT. BANK et al.

Supreme Court of Oregon

March 28, 1911

Appeal from Circuit Court, Clatsop County; J.U. Campbell, Judge.

Suit by John Hahn against the Astoria National Bank and another. Decree for defendants, and plaintiff appealed. Defendants move to dismiss appeal. Denied, with leave to renew at hearing on merits.

William C. Bristol, for appellant.

G.C Fulton, for respondents.

MOORE J.

This is a motion to dismiss an appeal, on the ground that it was not taken within six months from the time the decree was rendered. This cause having been tried, the suit was dismissed January 4, 1910, and seven days thereafter plaintiff's counsel moved to set aside the decree. The term at which the suit was dismissed expired by limitation February 12, 1910, without the court hearing the application or making any order continuing it. The motion last mentioned was denied November 25, 1910, and on the 21st of the following month an appeal was taken from such order, and also from the decree. The rule formerly regulating the setting aside of a judgment was, so far as involved herein, as follows: "The motion shall be heard and determined during the term, unless the court continue the same for advisement or want of time to hear it. When not so heard and determined or continued, it shall be deemed withdrawn and may be disregarded." L.O.L. § 175. This statute was amended at the legislative session of 1911 by an act which went into immediate effect, and contains a clause as follows "Every appeal heretofore taken within six months from the expiration of the time granted by any circuit court or judge thereof for filing a motion to set aside the verdict and for a new trial, or, if such motion shall have been filed within such time, then within six months from the date of the entry of the order granting or denying such motion shall be and is, if such appeal is now pending and undetermined in the Supreme Court, hereby validated, and shall be deemed to have been taken within the time required by law: Provided however, that nothing herein contained shall be deemed to authorize any appeal to be hereafter taken to the Supreme Court from any judgment of any circuit court granting or denying a motion to set aside the verdict and for a new trial unless such appeal be taken with six months from the date of the original entry of judgment." Some doubt exists as to whether the original statute...