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24 Or. 106

Hislop v. Moldenhauer

Oregon Supreme Court

Decided April 27, 1893

Oregon Supreme Court · decided 1893-04-27

Multnomah County: E. D. Shattuck, Judge. This was an action of forcible entry and detainer by Thomas Hislop against W. J. Moldenhauer, and is now here on the third appeal. The first appeal is reported in 21 Or. 208, and the second in 23 Or. 119.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1893-04-27

How this case has been cited

Cited by 3 later decisions — most recently November 1921

3 state decisions

101893190019101920decided

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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¶1Opinion

per Curiam.

¶21. Where a judgment for costs and disbursements is rendered in favor of the defendant, and a cost bill in due form is filed within the time allowed by law, and no objection filed or made thereto within two days thereafter, it is error for the trial court to permit objections to such cost bill to be filed five months thereafter, without a showing that the failure to file objections within the two days allowed by law was through the plaintiff’s mistake, inadvertence, surprise, or excusable neglect.

¶32. A journal entry reciting that a judgment was rendered and entered on the twenty-fourth of May, 1892, cannot be contradicted in this court by a memorandum kept by the clerk and certified by him indicating that it was actually rendered on the twentieth of the month.

¶4Reversed.

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