Smith v. Burns
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Chiep Justice McBride. This is a motion to dismiss an appeal in an action by George Smith against D. C. Burns and Arthur Gossman. The defendant Burns was sued jointly with one Gossman for personal injuries sustained by plaintiff, whose complaint alleged that Gossman, while driving Burns’ automobile upon business for Burns, negligently ran over and injured plaintiff.
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From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Chiep Justice McBride. This is a motion to dismiss an appeal in an action by George Smith against D. C. Burns and Arthur Gossman. The defendant Burns was sued jointly with one Gossman for personal injuries sustained by plaintiff, whose complaint alleged that Gossman, while driving Burns’ automobile upon business for Burns, negligently ran over and injured plaintiff. The defendants answered separately, and upon the trial there was a verdict and judgment against both of them for $750. Burns alone appealed, but made no service of…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. Section 550, L. O. L., contains the following provision:
“The party desiring to appeal may cause a notice, signed by himself or attorney, to be served on such adverse party or parties as have appeared in the action,”, etc.
An adverse party is a party whose interest in the judgment appealed from is in conflict with the modification or reversal sought by appellant: Conrad v. Pacific Packing Co., 34 Or. 341 (57 Pac. 1021). Were this a case arising upon contract or matters of that character wherein one judgment debtor can call upon another for contribution in…
2Cases cited1 opinion
- Conrad v. Pacific Packing Co.Oregon Supreme Court · 1899
3Cited by18 opinions
- Martin v. LillyIndiana Supreme Court · 1919
- West v. KernOregon Supreme Court · 1918
- Colby v. City of PortlandOregon Supreme Court · 1917
- Doherty v. Hazelwood Co.Oregon Supreme Court · 1918
- Reich v. . ConeSupreme Court of North Carolina · 1920
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