John Deere Plow Co. v. Silver Manufacturing Co.

245 P. 1083, 216 P. 743, 118 Or. 62, 1926 Ore. LEXIS 51

Opinions

McBRIDE, C. J.

1. It is a rule which has been several times reiterated by this court that, while the right of a court to limit the time for settling a bill of exceptions is indispensable to the orderly administration of justice, the court may, in its discretion, settle and allow the bill after the expiration of such time: McElvain v. Bradshaw, 30 Or. 569 (48 Pac. 424); Francis v. Mutual Life Ins. Co., 61 Or. 141 (114 Pac. 921).

In the case last mentioned there was a rule of the court very similar to the rule above cited. See, also, West v. McDonald, 74 Or. 421 (144 Pac. 655).

The whole doctrine to be derived from these cases is that, while a court is not bound to settle and approve a bill of exceptions after the time specified in the rule or granted by the court, it may do so if in its judgment the excuse presented for noncompliance with the rule is sufficient.

For appellant there was a brief over the name of Messrs. Teal, Winfree, Johnson & McCulloch, with an oral argument by Mr. Jno. W. Shuler. For respondent there was a brief over the name of Messrs. Cake <& Cake, with an oral argument by Mr. L. A. Liljeqvist.

The motion to strike the bill from the files is denied.

Motion Denied.

(Affirmed May 11, 1926.)