Graf v. Pearcy
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. In Banc. Statement by Mr. Justice Eakin. This is an action by Anna Graf against J. N. Pearcy and C. H. Jacobs. From a judgment in favor of plaintiff, the defendant, J. N. Pearcy, appeals. Plaintiff and respondent files motion to dismiss the appeal.
1Opinion of the CourtJustice Eakin
1. This is a motion by the respondent to dismiss the appeal. The judgment was rendered on December 9, 1914, and defendant Pearcy filed a notice of appeal February 16,1915, and an undertaking on appeal the same day. On the 19th of February, 1915, the respondent filed exceptions to the sureties on the undertaking on appeal. The appellant failed to produce said sureties for the purpose of justification within the time allowed by law, and on February 25,1915, filed a new undertaking with a different surety without notice to the respondent or leave of the court first obtained. The appellant filed…
2Cases cited3 opinions
- Chambers v. Everding & FarrellOregon Supreme Court · 1913
- Johnson v. ShivelyOregon Supreme Court · 1881
- Cook v. City of AlbinaOregon Supreme Court · 1890
3Cited by3 opinions
- Dibble v. David Hodes Co.Oregon Supreme Court · 1930
- Grand Prize Hydraulic Mines v. BoswellOregon Supreme Court · 1915
- French v. C.F. T. CompanyOregon Supreme Court · 1925