# Grand Prize Hydraulic Mines v. Boswell

> Oregon Supreme Court · September 7, 1915 · 83 Or. 1

URL: https://www.frixlaw.com/law-library/cases/6905585

## Case

- **Full name:** GRAND PRIZE HYDRAULIC MINES v. BOSWELL
- **Court:** Oregon Supreme Court
- **Decided:** September 7, 1915
- **Citations:** 83 Or. 1; 151 P. 368
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Benson
- **Judges:** Bean, Benson, McBride, McCamant, Moore
- **Cited by:** 8 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/6905585

## Opinion text

Mr. Justice Benson
delivered the opinion of the court.
1-3. Defendants move to dismiss the appeal upon the ground that the transcript was prematurely filed, and rely upon the decisions of this court in the cases of Graf v. Pearcy, 76 Or. 488 ( 149 Pac. 532 ), and Cook v. City of Albina, 20 Or. 190 ( 25 Pac. 386 ). However, the facts upon which these decisions are based are widely different from those of the case at bar. In each of the cases cited, exceptions were taken to the sufficiency of the sureties, while in this case no such exceptions were ever filed. In addition, it may be noted that within thirty days after the perfecting of this appeal, an abstract was filed which contains all that the rules of this court require to be included therein, and is therefore ample to give this court jurisdiction: Section 554, L. O. L. But if it were otherwise, it is obvious that the transcript was necessarily required in the consideration of the application for a restraining order, and was therefore properly filed at that time.
The motion to dismiss the appeal is therefore denied. Motion Denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6905585. Public record. Not legal advice.