Legal Opinion

Emery v. Brown

Oregon Supreme Court

Decided November 12, 1912PublishedCited by 9 opinions

From Multnomah; Henry E. McGinn, Judge. On Motion to Dismiss Appeal. Statement by Mr. Justice McBride. On March 24, 1911, A. C. Emery recovered judgment against George Arthur Brown for $1,065.65 with costs.

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From Multnomah; Henry E. McGinn, Judge. On Motion to Dismiss Appeal. Statement by Mr. Justice McBride. On March 24, 1911, A. C. Emery recovered judgment against George Arthur Brown for $1,065.65 with costs. On the 17th of April, 1911, defendant served a notice of appeal and filed his undertaking, and, no exception being taken thereto, his appeal became perfected on April 27, 1911. Thereafter from time to time, defendant secured orders from the.circuit court extending the time for filing the transcript, the last order having been made August 19, 1912, extending the time to October 20, 1912. .…

1Opinion of the CourtJustice McBride

delivered the opinion of the court.. Section 554, L. O. L., requires the transcript on appeal to be filed with the clerk of this court within 30 days from the date the appeal is perfected. Subdivision 2 of this section reads as follows:

“If the transcript or abstract is not filed with the clerk of the appellate court within the time provided, the appeal shall be deemed abandoned, and the effect thereof terminated, but the trial court or the judge thereof, or the Supreme Court or a justice thereof, may, upon such terms as may be just, by order enlarge the time for filing the same; but such…

2Cases cited4 opinions

  1. Johnson v. IankovetzOregon Supreme Court · 1910
  2. Kelley v. PikeOregon Supreme Court · 1889
  3. McCarty v. WintlerOregon Supreme Court · 1889
  4. Connor v. ClarkOregon Supreme Court · 1897

3Cited by9 opinions

  1. Farmers & Fruit-growers' Bank v. DavisOregon Supreme Court · 1919
  2. Adams v. HarveyWashington Supreme Court · 1924
  3. Sprague v. AstoriaOregon Supreme Court · 1922
  4. Chandler v. ToddOregon Supreme Court · 1920
  5. Humason v. OrrOregon Supreme Court · 1915

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