Appleton v. Oregon Iron & Steel Co.

The respondent, Oregon Iron & Steel Company, has moved to dismiss appellants’ appeal on the ground that the notice of appeal in this matter was not given within the time allowed for appeals, generally, as provided by ORS 19.026(1), hereinafter called the general appeal statute. It reads:

“Except as provided in subsections (2) and (3) *83of this section, the notice of appeal shall he served and filed within 30 days after the entry of the judgment appealed from.”

Appellants assert that since the merits of the case involve a determination of water rights under chapter 539, ORS, the appeal procedure…