Alaska Reports Volume 4

Alaska Reports Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...or commissioner's courts to the district court of Alaska, and such chapter is identical with the laws of the state of Oregon, governing appeals from justice's to circuit courts in that state at the time the same were construed by the Supreme Court of the state of Oregon prior to the passage of the act of Congress, of which chapter 97 is a part. In the case of Odell v. Gotfrey, 13 Or. 466, 11 Pac. 190, the Supreme Court of the state of Oregon held that the chapter governing appeals from justice's to circuit courts in the state of Oregon was ample in itself; in fact, section 995, heretofore quoted, provides that appeals shall be taken in accordance with chapter 97 and not otherwise. The only question to be determined. therefore, is whether or not the judgment entered by the commissioner is a judgment for want of an answer or is one given by confession. In all other cases where the amount in controversy is sufiicient, an appeal will lie from the commissioner's court to the district court. It is contended by the defendants that the judgment is one of confession or voluntary nonsuit; hence an appeal will not lie; and, to sustain their contention, the defendants cite Bowne v. Johnson, l Doug. (Mich.) 185. In that case the plaintiff failed to appear on the day set for trial, and the court construed his nonappearance as equivalent to a voluntary abandonment of his suit, and therefore held that the judgment was not such a final judgment as was contemplated by the Michigan statute, from which an appeal would lie. The defendants also cite the case of Schulte v. Kelly. 124;Iich. 330, 83 N. VV. 405. In that case, also, the plaintiff failed to appear on the day set for trial, and the court held that the Michigan statute granting a...show more

Product details

  • Paperback | 356 pages
  • 189 x 246 x 19mm | 635g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236882199
  • 9781236882196