Therkelsen v. Therkelsen

• Decision Date: 05 June 1899
• Citation: 35 Or. 75,57 P. 373
• Parties: THERKELSEN v. THERKELSEN. [1]
• Court: Oregon Supreme Court

57 P. 373

35 Or. 75

THERKELSEN v. THERKELSEN. ^[1]

Supreme Court of Oregon

June 5, 1899

Appeal from circuit court, Multnomah county; John B. Cleland, Judge.

Action between Annetta Stella Therkelsen and Lawrence E. Therkelsen. There was a judgment for the former, and the latter appeals. Respondent's application to be excused from paying fees denied.

Thos. N. Strong, for appellant.

Joseph & Schlegel, for respondent.

PER CURIAM.

This is an application by the plaintiff and respondent to be relieved from the payment of fees required by the act of February 18, 1899 (Laws 1899, p. 167). Section 2 of the act referred to provides that "the appellant in a civil case, upon filing his transcript in the supreme court, shall pay to the clerk thereof, in advance, the sum of $25, which shall be in lieu of all fees heretofore required by law to be paid by him except the trial fee; and the respondent in such case, upon entering his appearance in the appellate court or filing his brief therein, shall pay to such clerk, in advance, the sum of $20, in lieu of all fees heretofore required by law." The act makes no exception in the class of cases referred to, and there being no authority vested in the court to relieve a party from a compliance therewith, or to suspend its operation in any case, the motion must be denied, notwithstanding the meritorious showing made.

---------

Notes:

^[1] Rehearing denied August 7, 1899.

---------