Hermann v. Hutcheson
Oregon Supreme Court
From Coos : J. C. Fullerton, Judge. Action by Hermann & Brown against D. J. Hutcheson. From a judgment for plaintiffs, defendant attempted to appeal to the circuit court; but his appeal was dismissed, 0and he appeals from the judgment of dismissal.
1Opinion of the CourtJustice Wolverton
This action was commenced in the justice’s court for district No. 5, in Coos County, and judgment having been entered for plaintiffs, the defendant attempted to appeal to the circuit court. The notice of appeal was served by M. R. Lee, constable of such precinct, who certified that he served the same “ within the County of Coos and State of Oregon.” The plaintiffs moved in the circuit court to dismiss the appeal for want of proof of service of notice thereof. The motion was allowed, and *240a judgment of dismissal entered, from which the defendant appeals to this court.
1. The defendant insists…
2Cases cited4 opinions
- Freeman v. BurksNebraska Supreme Court · 1884
- Brown v. GoodyearNebraska Supreme Court · 1890
- Bilyeu v. SmithOregon Supreme Court · 1890
- Sloper & Kelso v. CareyOregon Supreme Court · 1881
3Cited by5 opinions
- Brown v. BakerOregon Supreme Court · 1901
- Jackson v. Sumpter Valley R'y Co.Oregon Supreme Court · 1908
- Jackson v. BarrettIdaho Supreme Court · 1906
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1914
- State v. EstesOregon Supreme Court · 1898