Steed v. Cavanaugh
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. In Bane. Statement by Mb. Justice Eakin. This is an action by Minnie Steed against Frank J. Cavanaugh and the Niehoff Shoe Manufacturing Company, a corporation. From a judgment in favor of plaintiff, the last-named defendant appeals. Respondent moves to dismiss appeal.
1Opinion of the CourtJustice Eakin
The plaintiff moves to dismiss this appeal for the reason that both the notice of appeal and bond are insufficient.
1. Passing objections to the notice, although it is extremely doubtful if it is sufficient, the undertaking recites that the appellant and surety will satisfy the judgment if affirmed, but in no wise does it provide that appellant will pay all damages, costs, and disbursements which may be awarded against it on the appeal, as is required in Section 551, L. O. L. It is therefore defective.
2. This provision is essential, and its absence renders the undertaking invalid; but, on the…
2Cases cited1 opinion
- Sutton v. SuttonOregon Supreme Court · 1915
3Cited by2 opinions
- Doehler v. LansdonOregon Supreme Court · 1931
- De Golia v. AndersenOregon Supreme Court · 1921