Rohrbacher v. Strain
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. In Banc. This is a motion to dismiss an appeal. The transcript filed by appellant shows that on June 26,1918, a decree was made and entered against plaintiff and in favor of defendant; that thereafter on Angnst 25,1918, plaintiff served and filed his notice of appeal, and seasonably filed his transcript in this court.
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From Multnomah: John P. Kavanaugh, Judge. In Banc. This is a motion to dismiss an appeal. The transcript filed by appellant shows that on June 26,1918, a decree was made and entered against plaintiff and in favor of defendant; that thereafter on Angnst 25,1918, plaintiff served and filed his notice of appeal, and seasonably filed his transcript in this court. Respondent files in this court a supplemental transcript, which shows that on July 11,1918, plaintiff attempted to take a prior appeal by serving and filing the following notice, which stated the title of the cause and was directed to…
1Opinion of the CourtMoBRIDE, C. J.
1. On the theory that courts should be very liberal in construing appeal statutes so, if possible, everyone conceiving himself aggrieved should have the privilege of a hearing upon the merits in this court, we have sustained appeals in every case where by an inspection of the record this court was enabled to identify the judgment appealed from. In all these cases, however, there was no misdescription of the judgment in any particular, but merely a lack of data which the court was enabled to supply by an inspection of the transcript itself. Thus in Keady v. United Rys. Co., 57 Or. 325 (100…
2Cases cited4 opinions
- Keady v. United Rys. Co.Oregon Supreme Court · 1910
- Salem Traction Co. v. AnsonOregon Supreme Court · 1902
- Moorhouse v. DonicaOregon Supreme Court · 1886
- Watts v. State Spiritualists' Ass'nOregon Supreme Court · 1910
3Cited by6 opinions
- State v. RosserOregon Supreme Court · 1939
- Lee v. GramOregon Supreme Court · 1922
- Webb v. StewartOregon Supreme Court · 1970
- Rohrbacher v. WrightOregon Supreme Court · 1921
- Gross v. ShurteDistrict Court, E.D. Illinois · 1930
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