Berliner & Schnitzer v. Roberts

The respondent has moved to dismiss the appeal on the ground that the notice of appeal was not served within the time provided by statute. The judgment from which the appeal was taken was entered December 1, 1959, and notice of appeal was served on the respondent on January 12, 1960, and filed with the clerk of the trial court on January 13,1960.

Formerly a party had sixty days from the entry of a judgment in which to take an appeal. ORS 19.030 (2). This provision was amended by Oregon Laws 1959, ch 558, § 4 (1), now ORS 19.026 (1), which reads: “Except as provided in subsections (2) and (3)…