Hoffart v. Lindquist & Paget Mortgage Co.

We are concerned in this case with the construction and application of Ch. 192, Oregon Laws, 1947, an amendment of § 10-811, O. C. L. A., as amended by Ch. 123, Oregon Laws, 1945. The section, with the 1947 amendment in italics, now reads as follows:

“Upon an appeal, the appellate court may affirm, reverse or modify the judgment or decree appealed from, in the respect mentioned in the notice, and not otherwise, as to any or all of the parties joining in the appeal, and may include in such decision any or all of the parties not joining in the appeal, except a co-defendant of the appellant…