Citron v. Hazeltine

This is a motion to dismiss an appeal based upon two grounds: (1) Failure to file a designation of transcript at the time of filing the notice of appeal; and (2) failure to deposit the required filing fee at the time of filing the notice of appeal. It will be necessary to consider only the second ground.

Judgment of nonsuit was entered March 1, 1961, and notice of appeal was filed with the clerk of the circuit court on March 24, 1961. The filing fee of $20 (ORS 21.010) was not deposited with the clerk at the time the notice of appeal was filed, nor until April 3, 1961, when a check for that…