Legal Opinion

Chemin v. City of East Portland

Oregon Supreme Court

Decided October 28, 1890PublishedCited by 1 opinion

Appeal from Multnomah county: L. B. Stearns, judge. The final decree in this case was rendered on the thirtieth: day of September, 1890. On the same day the appellant served his notice of appeal, and filed his undertaking on appeal. On the sixth day of October, 1890, the respondent excepted to the sufficiency of the sureties and served notice thereof upon appellant’s counsel, who thereupon gave notiee that the sureties would appear at once to justify.

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Appeal from Multnomah county: L. B. Stearns, judge. The final decree in this case was rendered on the thirtieth: day of September, 1890. On the same day the appellant served his notice of appeal, and filed his undertaking on appeal. On the sixth day of October, 1890, the respondent excepted to the sufficiency of the sureties and served notice thereof upon appellant’s counsel, who thereupon gave notiee that the sureties would appear at once to justify. On the same day the appellant and respondent appeared in open court, and after hearing the appellant’s application, the court made an order…

1Opinion of the CourtStrahan, C. J.

The respondent has filed a motion to dismiss the appeal and also to strike the case from the docket. The only question material to be considered is whether or not the ease should be stricken from the docket, and that depends on the effect of the order of the court below shortening the time within which the sureties were required to justify. Section 524, Hill’s Code, authorises the court, when notice' of a motion is necessary, to prescribe a shorter time than ten days, by ail order endorsed on the notice; but the Code does not empower the court to shorten the time fixed by law for the…

2Cases cited1 opinion

  1. Callahan v. Portland & W. V. R. R., Co.Oregon Supreme Court · 1889

3Cited by1 opinion

  1. Nottingham v. McKendrickOregon Supreme Court · 1901

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