Hart v. Prather
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Burnett. This is a proceeding by George R. Hart against Martin V. Prather originating in the county court of Malheur County on the contest of a will. When the decision was rendered there, oral notice of appeal was given by the defendant, and the clerk.was directed to prepare a transcript.
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Burnett. This is a proceeding by George R. Hart against Martin V. Prather originating in the county court of Malheur County on the contest of a will. When the decision was rendered there, oral notice of appeal was given by the defendant, and the clerk.was directed to prepare a transcript. Both parties concede that the 30 days after the perfection of the appeal expired on July 21, 1911, by which time the transcript should have been filed in the circuit court. On the 13th or 14th of July the appellant’s attorneys called at the county…
1Opinion of the CourtJustice Burnett
1. “If the transcript or abstract is not filed with the clerk of the appellate court within the time provided, the appeal shall be deemed abandoned and the effect thereof terminated.” Section 554, subd. 2, L. O. L.
The “time provided” is determined by the first clause of that section to be “within thirty days” after the appeal is perfected. These requirements are jurisdictional, and failure to comply with them is fatal. Davidson v. Columbia Timber Co., 49 Or. 577 (91 Pac. 441) ; Burchell v. Averill Machinery Co., 55 Or. 113 (105 Pac. 403).
2. Section 1113, L. O. L., in part reads thus:
“It shall…
2Cases cited6 opinions
- Bade v. HibberdOregon Supreme Court · 1908
- Habighorst v. ConantOregon Supreme Court · 1903
- Hilts v. HiltsOregon Supreme Court · 1903
- Burchell v. Averill Machinery Co.Oregon Supreme Court · 1909
- Davidson v. Columbia Timber Co.Oregon Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States National Bank v. Underwriters at Lloyd's, LondonOregon Supreme Court · 1964
- Smith v. JeffersonOregon Supreme Court · 1915
- Charles K. Spaulding Logging Co. v. RyckmanOregon Supreme Court · 1931
- Citron v. HazeltineOregon Supreme Court · 1961
- In Re Cooke's EstateOregon Supreme Court · 1941
1 more not listed; retrieve them via the Exa API.