Legal Opinion

Lindley v. Wallis

Oregon Supreme Court

Decided September 15, 1867PublishedCited by 9 opinions

Appeal from Lane County. The sheriff of Lane county served the notice of appeal in this cause and made return thereof as follows: “ I, Joseph Meador sheriff of Lane county, Oregon, served the within notice of appeal by delivering a copy hereof prepared and certified to by me, and by attorney for appellant, to Emmeline Wallis, one of the respondents, and by leaving a copy hereof, prepared and certified in like manner, at the residence of Matthew Wallis, the other respondent,…

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Appeal from Lane County. The sheriff of Lane county served the notice of appeal in this cause and made return thereof as follows: “ I, Joseph Meador sheriff of Lane county, Oregon, served the within notice of appeal by delivering a copy hereof prepared and certified to by me, and by attorney for appellant, to Emmeline Wallis, one of the respondents, and by leaving a copy hereof, prepared and certified in like manner, at the residence of Matthew Wallis, the other respondent, with a white member of his family, over the age of fourteen years ;• all of which was done in Lane county, Oregon, this…

1Opinion of the Court

By the Court.

Respondents moved to dismiss the appeal for want of sufficient service; motion denied as to Emmeline Wallis; and, upon counter motion of appellant, leave was given to amend the return to make it conform with the fact as to the time of day when service is alleged to have been made upon Matthew Wallis.

1st. That an appeal having been perfected in the court below, prior to the first day of a term of this court, the transcript must be filed in this court before the close of the second day of the term, or be deemed abandoned.

2d. In ease there is not time to complete the transcript, and…

2Cited by9 opinions

  1. Bennett v. MinottOregon Supreme Court · 1896
  2. Shirley v. BirchOregon Supreme Court · 1888
  3. Coffee v. HarrisWyoming Supreme Court · 1921
  4. Butler v. SmithOregon Supreme Court · 1890
  5. Poppleton v. NelsonOregon Supreme Court · 1882

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