Lane v. Wentworth
Oregon Supreme Court
From Multnomah.; Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. I. W. Lane began this suit in the first instance against H. C. Mahon, claiming that, in the organization of a corporation by these two and others, it was agreed that for the purpose of financing the institution all the stock should be subscribed by and in the name of Mahon, with authority to hypothecate the same, but always subject to the condition and trust that the plaintiff should…
Read the full summary
From Multnomah.; Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. I. W. Lane began this suit in the first instance against H. C. Mahon, claiming that, in the organization of a corporation by these two and others, it was agreed that for the purpose of financing the institution all the stock should be subscribed by and in the name of Mahon, with authority to hypothecate the same, but always subject to the condition and trust that the plaintiff should have 6,500 shares par value of the stock, which should be transferred to him by Mahon on demand. The stock was pledged to…
1Opinion of the CourtJustice Burnett
1. It is essential to the validity of an appeal that the notice be served on all adverse parties and the original be filed with proof of service indorsed thereon with the clerk of the court in which the judgment, appeal, or order from which the appeal is taken is entered: Section 550, subd. 1, L. O. L. It has often been decided by this court that compliance with this section is jurisdictional. It follows that no jurisdiction was obtained over Mahon by the service of the notice of appeal on Lane, and filing the same in the Circuit Court, having indorsed thereon only the proof of service on…
2Cases cited9 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Osborn v. LogusOregon Supreme Court · 1894
- Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900
- Moody v. MillerOregon Supreme Court · 1893
- A. C. Bohrnstedt Co. v. ScharenOregon Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Colby v. City of PortlandOregon Supreme Court · 1917
- Davis v. First Nat. BankOregon Supreme Court · 1916
- Silbaugh v. Guardian Building & Loan Ass'nOregon Supreme Court · 1940
- Earle v. HolmanOregon Supreme Court · 1936
- D'Arcy v. SanfordOregon Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.