Drouilhat v. Rottner
Oregon Supreme Court
Multnomah County. Appeal by surety on undertaking. There is but one mode provided by law for taking appeals from justices’ judgments, and the giving of an undertaking is one step in that mode, and a step which the statute says must be taken. The undertaking must be given in strict conformity with the requirements of the statute, in order to give the appellate court jurisdiction.
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Multnomah County. Appeal by surety on undertaking. There is but one mode provided by law for taking appeals from justices’ judgments, and the giving of an undertaking is one step in that mode, and a step which the statute says must be taken. The undertaking must be given in strict conformity with the requirements of the statute, in order to give the appellate court jurisdiction. (Simison v. Simison, 9 Or. 337.) The appeal is a statutory remedy, and to avail himself of it the appellant must comply strictly with the statute. (State v. McKinmore, 8 Id. 208.) The power to render judgment against…
1Opinion of the CourtWaldo, C. J.
Section 70 of the Justice’s Code declares-, that on an appeal from a Justice’s Court to the Circuit Court, “the undertaking of the appellant must be given with one or more sureties,” etc. The question presented is, whether it be necessary to its validity that the appellant himself sign the undertaking.
The statute 16 & 17 Car. II., c. 8, sec. 3, enacted that, *495no writ of error in certain cases should be stayed “unless the plaintiff or plaintiffs in such writ of error shall be bound ” to the defendant in error “ in such reasonable sum as the court to which the writ of error shall be directed…
2Cases cited5 opinions
- Curtis v. Richards & VantineCalifornia Supreme Court · 1858
- North American Coal Co. v. DyettNew York Court of Chancery · 1833
- In re the appeal of DickinsonMichigan Supreme Court · 1852
- Cavence v. ButlerSupreme Court of Pennsylvania · 1813
- Vallance v. SawyerSupreme Judicial Court of Maine · 1826
3Cited by4 opinions
- Elliott v. BozorthOregon Supreme Court · 1908
- Spokane & Idaho Lumber Co. v. LoyWashington Supreme Court · 1899
- O'Connor v. ToweyOregon Supreme Court · 1914
- Wright v. BrownHawaii Supreme Court · 1898