Green v. Lilly Enterprises, Inc.

Plaintiff appeals from an order of the circuit court which granted judgment of involuntary nonsuit and dismissal of the case. Plaintiff recovered judgment against defendant in the district court of Klamath County. Defendant appealed to the circuit court. Plaintiff contended that defendant "failed to file the transcript of proceedings in the Circuit Court within 30 days from the date of the filing of his Notice of Appeal” and moved the circuit court for an order dismissing the appeal. The circuit court denied the motion to dismiss. Plaintiff declined to proceed further (try the case) and…