Appeal and Error - Stay of Enforcement of Judgement or Decree Appealed From - Statutory Undertakings and Equitable Remedies in Oregon
![handle is hein.journals/orglr38 and id is 343 raw text is: OREGON LAW REVIEW
Issued December, February, April, and June by the University of Oregon
School of Law
Sent to active paid members of the Oregon State Bar. To others subscription
price $4.00 per annum. (Single copies, $1.25.)
ORLANDO JOHN HOLLIS
WENDELL M. BASYE
EDITORIAL STAFF
FACULTY
RANK R. LACY, Editor in Chie,
CHARLES G. HOWARD*
HANS A. LINDE
ALLEN M. SINGER
RICHARD S. KELLEY
STUDENTS
WILLIAM G. WHEATLEY, Student Editor
JOYLE C. DAHL, Note and Comment Editor
LOREN L. SAWYER, Recent Case Note Editor
JACK A. GARDNER, Book Review Editor
AGNES MARIE THOMPSON, Legislation Editor
C. ROBERT ALTMAN DONALD PAUL HODEL JOHN S. IRVIN
DONALD C. SEYMOUR ALFRED C. WALSH, JR.
Editorial and publication office, School of Law, University of Oregon,
Eugene, Oregon, U.S.A.
The Editorial Board does not assume collective responsibility for any statements
in the articles published in the REVIEW. Each article, note and comment, recent case
note, and book review is identified with the name of the author.
VOL. XXXVIII JUNE 1959 No. 4
NOTE AND COMMENT
APPEAL AND ERROR-STAY OF ENFORCEMENT OF JUDGMENT OR DECREE APPEALED
FROM-STATUTORY UNDERTAKINGS AND EQUITABLE REMEDIES IN OREGON.
A question which frequently confronts an attorney is: What effect does an
appeal have upon the operation or enforcement of a judgment or decree? Can a
plaintiff sue on a foreign judgment while an appeal from the judgment is pending
in the rendering state? If a defendant appeals from an order requiring him to
transfer custody of his children to the plaintiff, is he entitled to retain custody
while the appeal is pending? These and similar questions are involved in a con-
sideration of the general topic, Stay of Proceedings on Appeal. The purpose
of this note is to con:ider when the enforcement or effect of a judgment, order,
or decree may be stayed on appeal in Oregon and what steps must be taken by
the appellant to effect a stay.
At common law, a writ of error operated per se as a supersedeas and pre-
* Emeritus.
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