Grover v. Hawthorne
Grover v. Hawthorne, 116 P. 100 (1911)
Winning Party
Respondents
Court
Oregon Supreme CourtKey Issue
Appeal of Order Refusing to Vacate a Nunc Pro Tunc Order
Case Type
CIVIL
Facts
•
On March 10, 1911, plaintiffs obtained an order from the circuit court directing that the order passed on January 30, 1911, be entered as of that date (nunc pro tunc).
•
A stipulation was made by counsel providing for an extension of time to file the transcript, and it was on file in the lower court.
•
Defendants appealed from the April 3, 1911 order.
•
A stipulation was made on January 30, 1911, extending the time for filing the transcript on appeal.
•
Plaintiffs appealed to the Oregon Supreme Court, perfecting the appeal on January 2, 1911.
•
Defendants filed a petition to vacate the March 10, 1911 order, which was denied on April 3, 1911.
•
On December 19, 1910, the circuit court rendered a decree dismissing the suit.
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Key Holdings
•
Yes, the order of the court refusing to vacate the order of March 10, 1911, is an appealable order.
•
The court did not err in passing the order of March 10, 1911, and denying the petition to vacate the same because the court has the inherent power to correct its records, and the motion to set aside the order was addressed to the sound discretion of the court.
Citations
Grover v. Hawthorne, 116 P. 100, 1911 Ore. LEXIS 257, 62 Or. 65 (1911)
Legal Reasoning
The court reasoned that orders correcting or amending the record are appealable to examine for abuse of discretion or lack of authority. The court cannot try the merits of the controversy on a motion to dismiss the appeal. Every court of record has the inherent power to correct its records. The motion to set aside the order was addressed to the sound discretion of the court, and its action will not be disturbed on appeal absent abuse of power. The stipulation made by counsel providing for an extension of time to file the transcript was on file, supporting the court's recollection of the order.
Outcome
The order of April 3, 1911, is affirmed, and the rehearing is denied.
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