Christian v. Evans
Oregon Supreme Court
Appeal from Lane County. In this suit the notice of appeal, after naming the court and giving the title of the cause, is couched in the following language: “Appeal from a judgment on a writ of review. To Messrs. Thompson & Pitch and J. J. Walton, J"r., attorneys for the plaintiff: You and each of you will please take notice that the defendant appeals from the judgment rendered in said Circuit Court at the.
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Appeal from Lane County. In this suit the notice of appeal, after naming the court and giving the title of the cause, is couched in the following language: “Appeal from a judgment on a writ of review. To Messrs. Thompson & Pitch and J. J. Walton, J"r., attorneys for the plaintiff: You and each of you will please take notice that the defendant appeals from the judgment rendered in said Circuit Court at the. April term thereof, 1874, upon a writ of review annulling and declaring void the judgment rendered by T. J. Holland, Esq., a. justice of the peace for South Eugene Precinct, wherein the…
1Opinion of the Court
By the Court,
McArthur, J.:
The views of this Court, in relation to what is required in a notice of appeal, have been expressed in numerous cases, the last two of which are Lewis v. Lewis (4 Or. 209), and Whiteaker v. Vanschoiack.* In Lewis v. Lewis, which has been frequently cited by the Court since its decision, it is held that in case of a decree the notice of appeal must set forth with reasonable certainty, first, the decree appealed from; secondly, the court in which the decree was rendered; thirdly, the time when rendered; and fourthly, the .names of the parties and the fact that one…
2Cases cited1 opinion
- Lewis v. LewisOregon Supreme Court · 1871
3Cited by3 opinions
- Mendenhall v. ElwertOregon Supreme Court · 1900
- Lancaster v. McDonaldOregon Supreme Court · 1886
- State v. PrestonNevada Supreme Court · 1908