Kyla-Kierola v. Stanley-Smith Lumber Co.
This text of 160 P. 542 (Kyla-Kierola v. Stanley-Smith Lumber Co.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion by
The reply in this cause was filed November 16, 1915, but prior thereto a commission was issued to take the [641]*641testimony of the plaintiff who resided in Finland. At the next term of court which convened March 6, 1916, the action was dismissed without prejudice and without notice to the plaintiff’s counsel.
As the statute of limitations would bar the institution of another action for the same cause, the court during the same term, upon the motion of the plaintiff’s counsel, reinstated the action, from which order the defendant appeals. The plaintiff’s counsel moves to dismiss the appeal on the ground that the order undertaken to be reviewed is not final. Based upon the decision in the case of First Christian Church of Medford v. Robb, 69 Or. 283 (138 Pac. 856), the appeal should be dismissed, and it is so ordered. ' Appeal Dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
160 P. 542, 81 Or. 640, 1916 Ore. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kyla-kierola-v-stanley-smith-lumber-co-or-1916.