McCarty v. Seaboard Fire & Marine Insurance

The defendant has moved to dismiss the appeal on the ground that “the record on appeal is deficient to the extent that no decision can be made on the appeal for the reason that no bill of exceptions or transcript of testimony is in the record before the court.”

Notice of appeal was served and filed within the statutory time, and this court therefore has jurisdiction of the cause. ORS 19.030 (3). As we have held many times, the presence or absence of a bill of exceptions is irrelevant to the question of our jurisdiction. Williams v. Ragan, 174 Or 328, 333, 143 P2d 209.

The motion to dismiss is…