Portland Gas & Coke Co. v. Campbell

Oregon Supreme Court

Portland Gas & Coke Co. v. Campbell

158 P. 527, 81 Or. 154, 1916 Ore. LEXIS 247

CourtOregon Supreme Court

DecidedJuly 11, 1916

StatusPublished

Cited by2 cases

This text of 158 P. 527 (Portland Gas & Coke Co. v. Campbell) 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.

Bluebook

Portland Gas & Coke Co. v. Campbell, 158 P. 527, 81 Or. 154, 1916 Ore. LEXIS 247 (Or. 1916).

Pincite

Opinion

Mr. Justice Benson

delivered the opinion of the court.

1. The defendant insists that, since the order appealed from is a matter of record, no bill of exceptions is necessary, and that therefore the plaintiff is not entitled to have the testimony of the trial certified. However, upon appeal from an order granting a new trial, this court must have the record of the former [156]*156hearing before it, to determine whether or not there was any error therein which would justify the order vacating the judgment. Article VII, Section 3, of our state Constitution, gives every litigant the unqualified right to have the whole testimony attached to a bill of exceptions upon appeal. The demurrer is overruled and a peremptory writ ordered.

Peremptory Writ Ordered.

Mr. Justice Eakin absent.

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Mr. Justice Benson

delivered the opinion of the court.

1. The defendant insists that, since the order appealed from is a matter of record, no bill of exceptions is necessary, and that therefore the plaintiff is not entitled to have the testimony of the trial certified. However, upon appeal from an order granting a new trial, this court must have the record of the former [156]*156hearing before it, to determine whether or not there was any error therein which would justify the order vacating the judgment. Article VII, Section 3, of our state Constitution, gives every litigant the unqualified right to have the whole testimony attached to a bill of exceptions upon appeal. The demurrer is overruled and a peremptory writ ordered.

Peremptory Writ Ordered.

Mr. Justice Eakin absent.

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Bluebook (online)

158 P. 527, 81 Or. 154, 1916 Ore. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portland-gas-coke-co-v-campbell-or-1916.

Opinion

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