Rodman v. Manning

On August 1, 1907, plaintiff recovered a decree in the circuit court for Lane County against defendants, and from this decree defendants attempt to appeal. The notice of appeal, as it appears in the transcript, shows that it was filed on August 26th, and the indorsement of proof of service is dated the 26th of the following month. The plaintiff moves to dismiss the appeal for want of jurisdiction, because the proof of service of the notice was not indorsed thereon at the time it was filed.

1. The statute provides that, when an appeal is not taken at the time the decision is rendered, it may be…