Read v. Benton County

By the Court,

Waldo, J.:

Section 517 of the code of civil procedure enacts that the proof of the service of a notice of appeal shall be the same as the proof of the service of a summons. Service of a summons may be proved by the -written admission of the defendant. The question in this case is the sufficiency of the following written admission of the county clerk of Benton county, indorsed on the notice of appeal:

“State of Oregon County of Benton

I, B. W. Wilson, do hereby accept service of the within notice of appeal in Benton county, Oregon, this 13th day of October, 1881, and waive copy and…