Ream v. Howard
Oregon Supreme Court
Appeal from Multnomah county: E. D. Shattdck, judge. This action was originally commenced in the justice’s court of East Portland, where the plaintiff had judgment, from which an appeal was taken to the circuit court. Upon respondent’s motion the appeal was dismissed, on the ground of the insufficiency of the notice, from which last-named judgment this appeal was taken.
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Appeal from Multnomah county: E. D. Shattdck, judge. This action was originally commenced in the justice’s court of East Portland, where the plaintiff had judgment, from which an appeal was taken to the circuit court. Upon respondent’s motion the appeal was dismissed, on the ground of the insufficiency of the notice, from which last-named judgment this appeal was taken. The verdict and judgment in the justice’s court are as follows: ‘ ‘In Justice’s Court for East Portland Precinct, Multnomah County, Oregon. “W. P. Beam, Plaintiff, v. J. K Howard, Defendant. “We, the jury in the above-entitled…
1Opinion of the CourtStrahan, C. J.
The tendency of all the recent decisions of this court on the subject of appeals is not to dismiss them if they could be retained for trial, for the simple reason that courts are established to hear and determine judicial questions and not to arbitrarily turn the parties out of court without the opportunity of being heard; but we cannot dispense with the necessary papers to bring an appeal into this court. In the construction of appeal papers we have applied the most liberal rule of construction and have allowed undertakings to be filed and papers supplied whenever we had the power to do so.…
2Cases cited1 opinion
- Lancaster v. McDonaldOregon Supreme Court · 1886
3Cited by4 opinions
- Mendenhall v. ElwertOregon Supreme Court · 1900
- Tucker v. NudingOregon Supreme Court · 1919
- Fraley v. HobanOregon Supreme Court · 1913
- Kingsbury v. Pacific Coal & Transp. Co.District Court, D. Alaska · 1906