Martin v. Harrison

This cause is before us upon a motion of the re spondent to dismiss tMs appeal. The contention which underlies the motion is that the failure of the appellant to have filed timely a transcript on appeal requires a holding that the appellant abandoned her appeal. October 28, 1946, the respondent was awarded judgment against the appellant in the amount of $4,000. December 27, 1946, the appellant served and filed notice of appeal. January 5, 1947, an undertaking on appeal was served and filed.

Section 10-803, O. C. L. A., as amended by Oregon Laws 1943, chapter 119, section 1, says:

“1. * * # Upon…