Jackson County v. Bloomer
Oregon Supreme Court
Appeal from Jackson: Hiero K. Hanna, Judge. This is an action brought by the County of Jackson against George E. Bloomer' and the sureties on his bond as treasurer of such county, to recover for his alleged defalcation as such official.
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Appeal from Jackson: Hiero K. Hanna, Judge. This is an action brought by the County of Jackson against George E. Bloomer' and the sureties on his bond as treasurer of such county, to recover for his alleged defalcation as such official. The complaint, inter alia, alleges the qualification of Bloomer by giving the- bond in suit, and that between the dates mentioned in the complaint he, as such treasurer, collected and received something over seven thousand ejght hundred dollars belonging to the county, which, in breach of his trust, and in violation of the conditions of his undertaking, he…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The rule is well settled in this state that every party to a litigation whose interests in relation to the judgment or decree appealed from is in conflict with the modification or reversal sought by the appeal is an “adverse party” within the meaning of section 537 of Hill’s Code, and must be served with the notice of appeal; and if such party is not served the appeal must be dismissed. And the fact that a party whose interests are adverse to the appellant, has made default, does not preclude the necessity of serving such notice of appeal upon him: The…
2Cases cited8 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Moody v. MillerOregon Supreme Court · 1893
- Hamilton v. BlairOregon Supreme Court · 1892
- Adderton v. CollierSupreme Court of Missouri · 1862
- State ex rel. Peterson v. GibsonSupreme Court of Arkansas · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900
- Alliance Trust Co. v. O'BrienOregon Supreme Court · 1897
- U. S. Investment Corp. v. Portland HospitalOregon Supreme Court · 1901
- Chickasha Light, Heat & Power Co. v. BezdicheckSupreme Court of Oklahoma · 1912
- Conrad v. Pacific Packing Co.Oregon Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.