Meridianal Co. v. Bourne
Oregon Supreme Court
From Columbia: James A. Eakin, Judge. Action by tbe Meridianal Company against J. Kenyon Bourne, to recover tbe amount due upon a promissory note. From a judgment in favor of plaintiff, defendant appealed. Respondent files motion to dismiss appeal. Statement by Mr. Chief Justice McBride. This was an action upon a promissory note. The answer admitted the execution of the note but alleged failure of consideration and fraud, and also pleaded certain counterclaims.
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From Columbia: James A. Eakin, Judge. Action by tbe Meridianal Company against J. Kenyon Bourne, to recover tbe amount due upon a promissory note. From a judgment in favor of plaintiff, defendant appealed. Respondent files motion to dismiss appeal. Statement by Mr. Chief Justice McBride. This was an action upon a promissory note. The answer admitted the execution of the note but alleged failure of consideration and fraud, and also pleaded certain counterclaims. The case was tried without a jury and there were findings and a judgment in favor of plaintiff, from which defendant appeals.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. Tbis is a 'motion to dismiss an appeal on tbe ground that tbe written notice thereof does not sufficiently identify tbe judgment attempted to be reviewed. Omitting tbe immaterial parts of tbe notice, it reads:
*325“You and each of you are hereby notified that the defendant J. Kenyon Bourne, in the above-entitled action, hereby appeals to the Supreme Court of the State of Oregon, from all that certain judgment rendered and entered in the above-entitled court and cause on the seventeenth day of June, 1916, which said judgment was in favor of the plaintiff and…
2Cases cited11 opinions
- Keady v. United Rys. Co.Oregon Supreme Court · 1910
- Salem Traction Co. v. AnsonOregon Supreme Court · 1902
- Holton v. HoltonOregon Supreme Court · 1913
- Crawford v. WistOregon Supreme Court · 1895
- Miller v. Head CampOregon Supreme Court · 1904
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3Cited by4 opinions
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- Lee v. GramOregon Supreme Court · 1922
- State Unemployment Compensation Commission v. BatesOregon Supreme Court · 1961
- Wade v. JonesOregon Supreme Court · 1925