Opinion

Fireman's Fund Insurance v. Walker

  • 132 Or. 73
  • 282 P. 230
  • 1929 Ore. LEXIS 307
Court
Oregon Supreme Court
Filed
Mar 1, 1929
Status
Published
On the bench
Bean, Belt, Brown, Coshow
Cited by
4 cases

The opinion

Motion to recall mandate denied February 4, 1930 ON MOTION TO RECALL MANDATE

The appellant superintendent of banks moves to recall the mandate issued herein and to modify the same so as to allow interest on amount decreed to be due from Farmers and Fruitgrowers Bank at the rate of 6 per cent per annum from January 31, 1928, the time when such amount was paid by the county clerk to the bank.

The mandate is in keeping with the decree. If appellant was not satisfied with the decree, a petition for rehearing would have been in order. The motion to recall mandate was not filed until after expiration of time to file petition for rehearing. It can not be used as a substitute for such petition. Furthermore, there is much equity in the position of the bank relative to the matter of interest.

Motion is denied. *Page 82

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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