State v. Lewis

Oregon Supreme Court

Decided October 10, 1924

Oregon Supreme Court · decided 1924-10-10

Good law ✅— No negative treatment on recordhow we know

Decided 1924-10-10

How this case has been cited

Cited by 30 later decisions — most recently February 1993 · most notably Texas Indemnity Ins. Co. v. Arant (1943), Byrd v. Phoenix Savings Bank & Trust Co. (1945)

30 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Rehearing.

¶2(232 Pac. 1013.)

McBRIDE, O. J.

¶3The opinion heretofore rendered in this case, State v. Lewis (Or.), 230 Pac. 543, seems to cover every point in this case, and we find no reason to withdraw from our assent to the conclusions therein reached.

¶4Upon the argument on rehearing counsel laid considerable stress upon Section 103, Or. L., which is to the effect that the court may, “in its discretion, ¡and upon such terms as may be just, at any time *371within one year after notice thereof, relieve a party from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.” But this section applies to civil cases and has on relation to criminal matters.

¶5y?e adhere to our former opinion.

¶6Former Opinion Adhered to.