Ptack v. Strong
| Citation | 257 P. 19,121 Or. 688 |
| Parties | PTACK v. STRONG. |
| Decision Date | 21 June 1927 |
| Court | Supreme Court of Oregon |
In Banc.
Appeal from Circuit Court, Tillamook County; Geo. R. Bagley, Judge.
Action by Lelia Ptack against J. E. Strong. Judgment for defendant was set aside, and a new trial granted, and defendant appeals. On plaintiff's motion to expunge the bill of exceptions and dismiss appeal. Motion sustained.
Appeal from order setting aside judgment will be dismissed on expunging bill of exceptions from record.
Marvin K. Holland, of Portland, for appellant.
Geo. P Winslow, of Tillamook, for respondent.
Plaintiff moves to expunge the bill of exceptions. The cause was tried in Tillamook county, and resulted in a verdict and judgment for defendant. On motion of plaintiff, the judgment was set aside and a new trial granted. The order granting the new trial was rendered on December 10, 1926, and defendant appealed therefrom. No application for an extension of time in which to prepare and tender a bill of exceptions was made until January 22d, at which time an order was made by the trial court extending the time to February 28th, and the bill of exceptions was tendered on February 26th, and settled and signed March 12th, and filed in this court March 17, 1927. The bill of exceptions contains no statement that it was tendered within the time limited, and it is admitted that no order extending the time was made prior to January 22d.
The rules of the trial court, providing for the time in which a bill of exceptions must be tendered, have been certified to this court by the clerk of that court and have been made a part of the record here. Rule 16 of that court provides:
"Parties seeking bills of exceptions must prepare their proposed bill and serve a copy of same on the opposing counsel, and present and lodge the original thereof to and with the judge of this court within 20 days after the entry of judgment, at any place where the judge may then be found in the judicial district, but in no instance file the same with the clerk of the court. * * * and all bills of exceptions must be presented and lodged within the time in this rule specified and all objections, amendments, and changes shall be presented and lodged thereto within the times specified in this rule, unless for good reason the court or judge, before the times specified in this rule expire, grants an extension of time, which shall be done only by an order in writing, signed by the judge extending the time, or made by the judge in open court, and entered in the minutes of the judge."
This rule is mandatory in terms and leaves no discretion in the trial...
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State v. Reyes
...for the Fourth Judicial District identical with Rule 30 of the Circuit Court for the Twenty-First Judicial District. In Ptack v. Strong, 121 Or. 688, 690, 257 P. 19, it was suggested by Mr. Justice Rand, writing for the court, that it might be doubted 'whether a court has the power to promu......
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Hart v. State Industrial Accident Commission
... ... Or. 644, 236 P. 478; Coyote G. & S. M. Co. v. Ruble, ... 9 Or. 121 ... In ... Ptack v. Strong, 121 Or. 688, 257 P. 19, this court ... expunged from the record a bill of exceptions which had been ... allowed and settled by ... ...
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Bank of Beaverton v. Godwin
...Or. 121; Schnitzer v. Stein, 96 Or. 343, 189 P. 984; Bratt v. State Industrial Accident Commission, 114 Or. 644, 236 P. 478; Ptack v. Strong, 121 Or. 688, 257 P. 19. under the authorities above cited and the cases hereinafter noted, any rule of court that conflicts with either the statutory......
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Hooton v. Jarman Chevrolet Co. Inc.
...through Mr. Justice Rand in Student v. Goldapp, 124 Or. 102, 259 P. 207, 208: "This, however, will not result as in the Ptack Case [121 Or. 688, 257 P. 19], in the dismissal the appeal, for with the bill of exceptions expunged the appellant under the record here, may still try out the quest......