# Fireman's Fund Insurance v. Walker

> Oregon Supreme Court · March 1, 1929 · 132 Or. 73

URL: https://www.frixlaw.com/law-library/cases/3838746

## Case

- **Full name:** FIREMAN’S FUND INSURANCE CO. v. WALKER Et Al.
- **Court:** Oregon Supreme Court
- **Decided:** March 1, 1929
- **Citations:** 132 Or. 73; 282 P. 230; 1929 Ore. LEXIS 307
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Bean, Belt, Brown, Coshow
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3838746

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3838746. Public record. Not legal advice.