Carter v. Simpson Estate Co.
Oregon Supreme Court
From Coos: John S. Coke, Judge. In Banc. This is a motion to dismiss an appeal, upon the grounds: (1) that the abstract was not filed within the time prescribed by the rules of this court or by any order of this court; (2) that such abstract does not contain an index as required by rule 11 of this court; (3) that there is not appended to the abstract of each paper reference to the page of the transcript on which such paper will be found; and (4) that the abstract does not…
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From Coos: John S. Coke, Judge. In Banc. This is a motion to dismiss an appeal, upon the grounds: (1) that the abstract was not filed within the time prescribed by the rules of this court or by any order of this court; (2) that such abstract does not contain an index as required by rule 11 of this court; (3) that there is not appended to the abstract of each paper reference to the page of the transcript on which such paper will be found; and (4) that the abstract does not concisely assign the errors relied upon for reversal.
1Opinion of the CourtMcBBIDE, C. J.
1. The first ground assigned does not appear to be well taken. The transcript on appeal was filed here on October 4, 1920, and according to rule 6 of this court (89 Or. 712 [173 Pac. 8]), it became the duty of the appellant within twenty days thereafter to prepare and serve his printed abstract, arid within five days after such service to file in this court sixteen copies' thereof, accompanied by proof of service. By stipulation of the parties, the appellant was granted by this court additional time to “prepare and serve” on respondent an abstract, such time to extend to and include November…
2Cases cited2 opinions
- Moon v. MoonSupreme Court of Kansas · 1918
- Terleski v. Carr Coal Mining & Manufacturing Co.Supreme Court of Kansas · 1918
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