Hart v. Prather
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Burnett. This is a proceeding by George R. Hart against Martin V. Prather originating in the county court of Malheur County on the contest of a will. When the decision was rendered there, oral notice of appeal was given by the defendant, and the clerk.was directed to prepare a transcript.
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Burnett. This is a proceeding by George R. Hart against Martin V. Prather originating in the county court of Malheur County on the contest of a will. When the decision was rendered there, oral notice of appeal was given by the defendant, and the clerk.was directed to prepare a transcript. Both parties concede that the 30 days after the perfection of the appeal expired on July 21, 1911, by which time the transcript should have been filed in the circuit court. On the 13th or 14th of July the appellant’s attorneys called at the county…
1DissentJustice Bean
delivered the following dissenting opinion:
This is an appeal by contestee from a judgment of the circuit court dismissing an appeal from a decree of the county court of Malheur County.
On June 14, 1911, the county court rendered a decree canceling a will of Mary Elizabeth Hart, at which time the contestee gave due notice of an appeal to the circuit court. An undertaking on appeal was served and filed June 15, 1911. Allowing 30 days from the expiration of the time for excepting to the sufficiency of the sureties under the provision of Section 550, L. O. L., the appellant was required to file…
2Cases cited6 opinions
- Habighorst v. ConantOregon Supreme Court · 1903
- Hilts v. HiltsOregon Supreme Court · 1903
- State v. Chicago & Eastern Illinois RailroadIndiana Supreme Court · 1896
- State v. WilliamsOregon Supreme Court · 1909
- Templeton v. LloydOregon Supreme Court · 1910
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