Proctor v. Jeffery
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. This is an action by Mrs. J. H. Proctor against Robert R. Jeffery, as executor, and Nellie Mason, as executrix of the will of R. L. Jeffery, deceased. Judgment for plaintiff, and defendants appeal. On motion to dismiss appeal. In Bane.
1Opinion of the CourtJustice Moore
This is a motion to dismiss an appeal on the grounds that the abstract does not contain any assignments of error, and that the bill of exceptions is insufficient to authorize an investigation of any questions to be reexamined. The appellants’ counsel, denying that the bill of exceptions is inadquate, moves for leave to file an amended abstract setting forth assignments of error.
1, 2. When by the failure of a party to give within the limited time a proper notice of appeal, to file an undertaking therefor, or to send up a transcript thereon, a lack of jurisdiction is disclosed, the appeal must…
2Cited by1 opinion
- State v. RiderOregon Supreme Court · 1915