McCarty v. Wintler
Oregon Supreme Court
Petition for an order to recall mandate, and to permit appellant to file transcript. Judgment having been recovered in favor of respondent and against the appellant herein, which was entered in the circuit court for the comity of Multnomah, on the nineteenth day of October, 1888; and the said appellant having afterwards, and on the twenty-ninth day of October, 1888, taken and perfected an appeal therefrom to this court, but having failed to file the transcript by the second…
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Petition for an order to recall mandate, and to permit appellant to file transcript. Judgment having been recovered in favor of respondent and against the appellant herein, which was entered in the circuit court for the comity of Multnomah, on the nineteenth day of October, 1888; and the said appellant having afterwards, and on the twenty-ninth day of October, 1888, taken and perfected an appeal therefrom to this court, but having failed to file the transcript by the second day of the nest term thereof, as provided by statute, — the said respondent brought into this court copies of notice of…
1Opinion of the Court
The Court.
The appellant’s counsel contend that rule 9 requires notice to be served upon the opposite party, to affirm a judgment in cases where the appeal has been abandoned; and that it is within the discretion of this court to permit a transcript to be filed after the second day of the term at which it is required to be filed. They insist therefore that the mandate shall be recalled, the transcript filed, and the case set for hearing. They claim that the neglect to file the transcript within the time required by the code was excusable, and have filed affidavits to show that it occurred…
2Cited by11 opinions
- State v. RosserOregon Supreme Court · 1939
- Osborn v. LogusOregon Supreme Court · 1894
- Nestucca Wagon Road Co. v. LandinghamOregon Supreme Court · 1893
- Davidson v. Columbia Timber Co.Oregon Supreme Court · 1907
- Emery v. BrownOregon Supreme Court · 1912
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