Blumauer-Frank Drug Co. v. Horticultural Fire Relief, 112 P. 1084 (Or. 1911). · Go Syfert
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Blumauer-Frank Drug Co. v. Horticultural Fire Relief, 112 P. 1084 (Or. 1911). Cases Citing This Book View Copy Cite
34 citation events across 7 distinct courts.
Strongest positive: Burke ex rel. Burke v. Beveridge, 228 P. 100 (Or. 1924)
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59 Or. at 59 cited at this page1 citing case
  • Burke ex rel. Burke v. Beveridge, 228 P. 100 (Or. 1924).published
    L.; Archambeau v. Edmunson, 87 Or. 476, 484 ( 171 Pac. 186 ); Brewster v. Springer, 79 Or. 88 ( 154 Pac. 418 ); Delovage v. Old Oregon Creamery Co., 76 Or. 430, 435 ( 147 Pac. 392 ); Blumauer-Frank Drug Co. v. Horticultural Fire Relief of…
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BLUMAUER-FRANK DRUG CO.
v.
HORTICULTURAL FIRE RELIEF OF OREGON
Oregon Supreme Court.
Jan 24, 1911.
Published opinion
112 P. 1084
1911 Ore. LEXIS 104
Mr. John Bayne, for the motion., Messrs. Joseph & Haney, contra.
Burnett, Eakin, Its, Lower, Took, Tried.
Cited by 27 opinions  |  Published

Opinion by

Mr. Chief Justice Eakin.

Judgment for the plaintiff was rendered upon the verdict in this action. Thereupon defendant moved the court to set aside the judgment and grant a new trial, which was allowed by the court. From that order plaintiff appeals, and defendant moves to dismiss the same, because the order appealed from is not a final judgment.

1, 2. As held in Portland v. Gaston, 38 Or. 533 (63 Pac. 1051), the provision of the constitution (Article VII, Section 6) that the Supreme Court shall have jurisdiction only to review the final decisions of the circuit courts, is not self-executing. The cases that may be appealed must be prescribed by the legislature, and it may determine what shall constitute a final decision. The right of appeal is statutory: State v. Security Savings Co., 28 Or. 410 (43 Pac. 162); School District v. Irwin, 34 Or. 431 (56 Pac. 413); Sears v. Dunbar, 50 Or. 36 (91 Pac. 145). The provisions of Section 548, L. O. L., necessarily include all judgments and decrees, and define certain other orders that shall be deemed judgments or decrees. This includes the amendment (Laws 1907, p. 313), providing that an order setting aside a judgment and granting a new trial shall, for the purpose of being reviewed, be deemed a final judgment, and is not uncoustitutional.

The motion to dismiss is denied. Denied.

Mr. Justice Burnett, having tried this case in the lower court, took no part in its decision.