Markuson v. Clark
District Court, D. Alaska
This matter comes before the court at this time on motion to dismiss the appeal to this court from the justice’s court. The following grounds are urged for the dismissal of the appeal: First, a defect in the notice, in that the notice of appeal is not directed to, nor contains the name of, the respondent, but instead is addressed to- the commissioner, John F. Dillon, Esq., and the respondent’s attorney, Thomas A. Marquam ; second, a defect in the service of the notice of…
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This matter comes before the court at this time on motion to dismiss the appeal to this court from the justice’s court. The following grounds are urged for the dismissal of the appeal: First, a defect in the notice, in that the notice of appeal is not directed to, nor contains the name of, the respondent, but instead is addressed to- the commissioner, John F. Dillon, Esq., and the respondent’s attorney, Thomas A. Marquam ; second, a defect in the service of the notice of appeal, in that the return of the attorney for the appellant. does not state the notice of appeal was left in the office of…
1Opinion of the Court
OVERFIEED, District Judge.
An appeal from a justice or commissioner’s court in Alaska, when the sum in controversy is not less than $50, except when the sum is given by confession or for want of an answer, may be taken to the district court under the same title, except that the party appealing shall be known as the appellant, and the adverse party as the respondent, within 30 days of the date of the entry of the judgment. Section 997, Alaska Codes, pt. 4, p. 347, provides that the “appeal is taken by serving a notice thereof on the adverse party or his attorney, and filing the original, with…
2Cases cited12 opinions
- Barbre v. GoodaleOregon Supreme Court · 1896
- Murray v. MurrayOregon Supreme Court · 1876
- Briney v. StarrOregon Supreme Court · 1876
- Rodman v. ManningOregon Supreme Court · 1908
- Henness v. WellsOregon Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Paddy v. MartinDistrict Court, D. Alaska · 1950