Opinion · Oregon Supreme Court
Allegretto v. Oregon Automobile Insurance
Allegretto v. Or. Auto. Ins., 140 Or. 538 (Or. 1932)
- Type
- Opinion
- Court
- Oregon Supreme Court
- Jurisdiction
- Oregon
- Date
- 1932-06-30
- Topic
- general
On Motion to Dismiss Appeal BELT, J. Bespondent contends that the appeal should be dismissed for the reason that there has been a violation of Bule 10 of the Supreme Court which provides in part as follows: “ Points and authorities shall follow each assignment of error or proposition of law. Not exceeding five adjudicated cases should be cited under any particular point. Names of the parties and the volume and page of the case reported shall be stated. In citing textbooks, the edition, together with the number of the volume, page or section shall be given.
Citator
- Cited by
- 26 opinions
On Motion to Dismiss Appeal
BELT, J.Bespondent contends that the appeal should be dismissed for the reason that there has been a violation of Bule 10 of the Supreme Court which provides in part as follows:
“ Points and authorities shall follow each assignment of error or proposition of law. Not exceeding five adjudicated cases should be cited under any particular point. Names of the parties and the volume and page of the case reported shall be stated. In citing textbooks, the edition, together with the number of the volume, page or section shall be given. Care should be used in the selection of cases cited. There is much waste of time in reading cases not in point.”
While there has been a clear violation of the above rule, we think this is not a ground for dismissal of the appeal. A motion to strike the brief from the files would have been a more appropriate remedy. Even had such motion been made, its disposition would rest in the discretion of the court.
The motion to dismiss is denied.