Strang v. Keith
Oregon Supreme Court
Error to Multnomah. Matthew Keith brought suit, in the Recorder’s Court of the city of Portland, against the plaintiff in error, for the sum of 97t6/-o dollars. Upon the calling of the cause, the defendant below, James Strang, did not appear, and Keith had judgment by default.
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Error to Multnomah. Matthew Keith brought suit, in the Recorder’s Court of the city of Portland, against the plaintiff in error, for the sum of 97t6/-o dollars. Upon the calling of the cause, the defendant below, James Strang, did not appear, and Keith had judgment by default. This judgment was entered on the 3d of April, 1860. On the 21st of April, as appears by a notice which is said to have been filed with the justice on- that day, the defendant notified the court of his intentions to appeal. The bond in appeal was filed, as appeal’s by the record, on the 27th of April, and the justice, or…
1Opinion of the CourtStratton, J.
The plaintiff in error has brought the matter into this court, and assigns for error—
“ That the court erred in rendering judgment against the defendant below—it not appearing that the notice of appeal from the justice of the peace was served on the plaintiff below.”
"With this state of facts, the question now is, had the Circuit Court jurisdiction and authority to render such judgment? Title 17, section 186, of the Statutes of 1855, relating to appeals from justices’ courts to the circuit courts, provides, that such appeals shall be taken within twenty days after the judgment is rendered, &c.,…
2Cited by1 opinion
- City of Pendleton v. MartinCourt of Appeals of Oregon · 1980