Sherwood v. State Industrial Accident Commission

The respondent, State Industrial Accident Commission, moves that the appeal herein be dismissed on the ground that the transcript on appeal was not filed in the supreme court within the time provided by law.

The notice of appeal was served upon the attorney general, attorney for the defendant, on December 29, 1939, by depositing a copy thereof in the United States post office in Portland, Oregon, addressed to the attorney general of the state of Oregon. Thereafter, on January 5, 1940, in the same manner an undertaking on appeal was served upon the attorney general, who filed no exception to…