Legal Opinion

Tucker v. Davidson

Oregon Supreme Court

Decided April 25, 1916PublishedCited by 3 opinions

From Multnomah: John P. Kavanaugh, Judge. This is an action hy G. F. Tucker against I. G. Davidson, in which plaintiff recovered judgment and defendant appeals. Respondent moves to dismiss the appeal. In Banc.

1Opinion of the Court

Opinion

2Per curiam

1, 2. Motion to dismiss the appeal because the notice of appeal was not filed within the time required by the statute. Chapter 319, Session Laws of 1913, provides that an appeal must be taken within 60 days from the entry of the judgment. The decree in this case was rendered August 31, 1915, and the notice of appeal served and filed December 30, 1915. Counsel for appellant, after the findings and decree were signed, filed a motion to set aside the decreé and correct its date. This motion was never finally passed on by the court; but on the 30th of December the court filed what is…

3Cases cited2 opinions

  1. Macartney v. ShipherdOregon Supreme Court · 1911
  2. Gearin v. Portland Ry. Light & Power Co.Oregon Supreme Court · 1912

4Cited by3 opinions

  1. Rosumny v. MarksOregon Supreme Court · 1926
  2. Stanfield v. MahonOregon Supreme Court · 1916
  3. Young v. N. P. Severin Co.District Court, D. Alaska · 1934

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