Newbbrg Orchard Ass'n v. Osborn

In June, 1900, the plaintiff recovered judgment against the defendant in the circuit court for Yamhill County, from which the defendant appealed by serving a notice thereof on August 22, and filing an undertaking on the first of the September following, with Oscar Cox as surety. Exceptions were filed to the sufficiency of the surety, and the defendant gave notice that he would produce him for justification before the clerk of the court at McMinnville on the twenty-fifth of September, 1900, at 11 o’clock A. M., but failed to do so, whereupon the exceptions were allowed and the undertaking was…