Legal Opinion

Dolph v. Nickum

Oregon Supreme Court

Decided September 15, 1867PublishedCited by 9 opinions

Appeal from Multnomah County. The sheriff of Multnomah county made return of service of notice of appeal, thus: “ I hereby certify that I served the within notice, within said State and county, on the 23d day of •February, 1867, on the within named J. N. Dolph, by leaving a copy, prepared and certified to by me as sheriff, in a conspicuous place in his office in the city of Portland, said county and State, between the hours of 6 a. m. and 9 p. m. of said day.” (Signed.)

1Opinion of the Court

By the Court.

Respondent moved to dismiss the appeal for want of proper service of notice in this, that the return does not show that there was no person in said office with whom the copy might have been ieft.' Upon cross motion of .appellants, leave was granted to amend the return in that nespect to conform to the facts. The notice of appeal and certificate contained the following statement of errors relied xupon to reverse the judgment:

“ 1st. Because it is contrary to law.
“ 2d. Because it is contrary to evidence.
“ 3d. Because it is based upon evidence improperly admitted and considered by…

2Cited by9 opinions

  1. Barbre v. GoodaleOregon Supreme Court · 1896
  2. State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
  3. Shirley v. BirchOregon Supreme Court · 1888
  4. Columbia Auto Works, Inc. v. YatesOregon Supreme Court · 1945
  5. McKay v. FreemanOregon Supreme Court · 1877

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