Welch v. Arney

Bespondent has moved to dismiss the appeal on the ground that the notice of appeal was served by the appellant himself. He contends that such service by a party to an action or suit is not authorized by statute and is a nullity.

The respondent’s position is supported by Keeley v. Keeley, 97 Or. 597, 182 P. 490; Muckle v. Columbia County, 56 Or. 146, 108 P. 120; and Williams v. Schmidt, 14 Or. 470, 13 P. 305. But in Storm v. Thompson, 155 Or. 686, 690, 64 P. (2d) 1309, the court said obiter that “the service may be made by the party himself, his attorney, or any qualified and competent third…