Cooper v. Bogue

Oregon Supreme Court

Cooper v. Bogue

179 P. 658, 92 Or. 122, 1919 Ore. LEXIS 96

Oregon Supreme Court·Decided April 8, 1919·Published·Cited by 3 cases

Opinions

BENSON, J.

1. This case presents but one question for our consideration. Can a party prosecute [124]*124an appeal from a judgment while a writ of review to the same court is still pending? This question has been definitely answered in the negative by this court, in the case of Clubine v. City of Merrill, 83 Or. 87 (163 Pac. 85). The two remedies are concurrent but they cannot be exercised at the same time.

The judgment, of the lower court is therefore affirmed. Affirmed.

McBride, C. J., and Burnett and Harris, JJ., concur.

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BENSON, J.

1. This case presents but one question for our consideration. Can a party prosecute [124]*124an appeal from a judgment while a writ of review to the same court is still pending? This question has been definitely answered in the negative by this court, in the case of Clubine v. City of Merrill, 83 Or. 87 (163 Pac. 85). The two remedies are concurrent but they cannot be exercised at the same time.

The judgment, of the lower court is therefore affirmed. Affirmed.

McBride, C. J., and Burnett and Harris, JJ., concur.

Cooper v. Bogue, 179 P. 658, 92 Or. 122, 1919 Ore. LEXIS 96 (Or. 1919).

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