Legal Opinion

Tucker v. Nuding

Oregon Supreme Court

Decided May 20, 1919PublishedCited by 17 opinions

From Jackson: Frank M. Calkins, Judge. Department 2. By this suit plaintiff seeks to enjoin defendant from closing a roadway extending from the premises of plaintiff across defendant’s land to the public highway. The Circuit Court rendered a decree in favor of defendant, and plaintiff appeals. The facts are as follows: One John Compton owned 360 acres of land in Jackson County.

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From Jackson: Frank M. Calkins, Judge. Department 2. By this suit plaintiff seeks to enjoin defendant from closing a roadway extending from the premises of plaintiff across defendant’s land to the public highway. The Circuit Court rendered a decree in favor of defendant, and plaintiff appeals. The facts are as follows: One John Compton owned 360 acres of land in Jackson County. This land laid in the form of a square and consisted of the northwest quarter, and the west half of the northeast quarter, and the north half of the southwest quarter, and the northwest quarter of the southeast quarter…

1Opinion of the CourtBean, J.

1. A preliminary question is submitted by a motion of defendant to dismiss this appeal for the reason that the notice of appeal does not describe the decree appealed from. The notice of appeal contains the name of the court, the name of the parties plaintiff and defendant, following this it is directed to the defendant and his attorney and notifies them that the plaintiff appeals “to the Supreme Court of the State of Oregon, from the decree in the above-entitled suit, rendered by the above-named court on March 23, 1918, and from the whole of said decree.” The record discloses that the decree…

2Cases cited3 opinions

  1. Mendenhall v. ElwertOregon Supreme Court · 1900
  2. Fraley v. HobanOregon Supreme Court · 1913
  3. Ream v. HowardOregon Supreme Court · 1890

3Cited by17 opinions

  1. State Highway Commission v. DealOregon Supreme Court · 1951
  2. Faulconer v. WilliamsOregon Supreme Court · 1998
  3. Rose Et Ux. v. Denn Et Ux.Oregon Supreme Court · 1949
  4. Cordwell v. SmithIdaho Court of Appeals · 1983
  5. Daywalt v. WalkerCalifornia Court of Appeal · 1963

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