Fratt v. Wilson
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. This is an appeal from an order of the trial court overruling a motion to set aside a default order and judgment. it appears from the record that Francis Fratt sued H. C. Wilson, in Multnomah County, on a transitory cause of action, and caused the summons to be served on the defendant personally in Lake County. Wilson was at the time a resident of California, but was temporarily in Lake-County on business.
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From Multnomah: E. D. Shattuck, Judge. This is an appeal from an order of the trial court overruling a motion to set aside a default order and judgment. it appears from the record that Francis Fratt sued H. C. Wilson, in Multnomah County, on a transitory cause of action, and caused the summons to be served on the defendant personally in Lake County. Wilson was at the time a resident of California, but was temporarily in Lake-County on business. No appearance was made, and in due time plaintiff obtained a judgment for want of an answer. Afterward defendant applied to the court to set aside…
1Opinion of the Court
*544On Motion to Dismiss Appeal. ,
Per Curiam,
1. This is a motion to dismiss an appeal. The record shows that the appeal was regularly taken and perfected, but, instead of the usual.transcript of the cause, there was filed in this court a printed abstract thereof, by agreement of the parties hereto, entered into in pursuance of Rule 13 (24 Or. 601, 37 Pac. 8). Plaintiff’s counsel now contend that jurisdiction cannot be conferred by consent of the parties, and, under section 541, Hill’s Code, is not acquired until the transcript is filed, and that, even if the abstract be regarded as supplying the…
2Cited by7 opinions
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- State Ex Rel. Blackledge v. LatouretteOregon Supreme Court · 1949
- Winslow Lumber Co. v. Edward Hines Lumber Co.Oregon Supreme Court · 1928
- Reynolds v. WilliamsonSupreme Court of Kansas · 1904
- Atchison, T. & S. F. RY. CO. v. DraytonCourt of Appeals for the Eighth Circuit · 1923
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