Lengele v. Moore
Oregon Supreme Court
Prom Polk: Harry H. Belt, Judge. Statement by Mr. Justice Eakin. This is a suit by Theodore Lengele against Mrs. B. McN. Moore, J. M. Hanslimair, Geo. O. Sloan and Daisy A. Sloan, in which the respondent files motion to dismiss the appeal. In this case the court finds that by stipulation the appellants and respondent consented to the decree as entered.
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Prom Polk: Harry H. Belt, Judge. Statement by Mr. Justice Eakin. This is a suit by Theodore Lengele against Mrs. B. McN. Moore, J. M. Hanslimair, Geo. O. Sloan and Daisy A. Sloan, in which the respondent files motion to dismiss the appeal. In this case the court finds that by stipulation the appellants and respondent consented to the decree as entered. The notice of appeal was served the first day of July, 1915. The undertaking was served on the twelfth day of July, and filed the same day. No further time was granted to file the transcript, but it was filed in this court on the thirty-first…
1Opinion of the CourtJustice Eakin
1. The motion must be sustained upon both grounds. Appellant’s time to file his transcript in this court expired on the sixteenth day of August, and it was not *648filed until the 31st. The law requires that it shall he filed within 30 days from the time the appeal is perfected, which time was the seventeenth day of July. The case of the East Side Lumber Co. v. Feldman et al., ante, p. 644 (152 Pac. 266), holds that a consent decree cannot be appealed from, citing numerous authorities which it is not necessary to repeat here.
Appeal Dismissed.
2Cases cited1 opinion
- East Side Mill Co. v. FeldmanOregon Supreme Court · 1915
3Cited by1 opinion
- McCargar v. MooreOregon Supreme Court · 1916