Sitz v. Swain
Oregon Supreme Court
From Harney: George E. Davis, Judge. This is an action by E. E. Sitz against A. S. Swain. From a judgment in favor of defendant, plaintiff appeals. Eespondent moves to dismiss appeal. Dismissed.
1Opinion of the Court
Opinion
2Per curiam
It appears from the record, and is. conceded by plaintiff, that the decree appealed from was entered on the 20th day of February, 1909. The notice of appeal was not filed until August 23, 1909, three days after the expiration of six months from the entry of the decree. The filing of the notice of appeal with service indorsed thereon within the time prescribed by the statute (Section 549, B. & C. Comp.) is jurisdictional, and the delay is fatal to this appeal. Muckle v. Columbia Co., 56 Or. 146 (108 Pac. 120.)
The appeal is dismissed. Dismissed.
3Cases cited1 opinion
- Muckle v. Columbia CountyOregon Supreme Court · 1910
4Cited by7 opinions
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- In re Willow CreekOregon Supreme Court · 1914
- Pinney & Boyle Co. v. Los Angeles Gas & Electric Corp.California Supreme Court · 1914
- Southern Pacific Co. v. Heltzel & Pacific Inland Tariff Bureau, Inc.Oregon Supreme Court · 1954
- Utah Copper Co. v. Public Utilities CommissionUtah Supreme Court · 1921
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