Temminck v. Doering
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. In Bane. This is a motion to dismiss the appeal of defendant H. E. Doering, and is based upon the following facts: On October 25,, 1917, plaintiffs began a suit in the Circuit Court of Douglas County against H. E. Doering to have declared forfeited a certain contract for the purchase of a tract of land in Douglas County, and to quiet the title thereto, and to have the defendants barred and foreclosed of any right or interest therein.
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From Douglas: James W. Hamilton, Judge. In Bane. This is a motion to dismiss the appeal of defendant H. E. Doering, and is based upon the following facts: On October 25,, 1917, plaintiffs began a suit in the Circuit Court of Douglas County against H. E. Doering to have declared forfeited a certain contract for the purchase of a tract of land in Douglas County, and to quiet the title thereto, and to have the defendants barred and foreclosed of any right or interest therein. It was claimed in the complaint that in 1914 one F. B. Waite, then the owner of the land, had entered into a contract…
1Opinion of the CourtMcBRIDE, C. J.
1. It is practically conceded that all the defendants, including those brought in by order of the court, were proper and necessary parties to the suit; indeed, Waite, Robertson and the Portnomah Land Company were brought in at the instance of defendant Doering for that reason. This being so, it was incumbent on him to properly serve each defendant with a copy of his notice of appeal, and in default of such service upon any one of the defendants the appeal must fail: In re Waters of Chewaucan River, 89 Or. 659 (171 Pac. 402, 175 Pac. 421); Thomas v. Thruston, 87 Or. 650 (171 Pac. 404); D’Arcy…
2Cases cited3 opinions
- In Re Waters of Chewaucan RiverOregon Supreme Court · 1918
- D'Arcy v. SanfordOregon Supreme Court · 1916
- Thomas v. ThrustonOregon Supreme Court · 1918
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