Fisher v. Tomlinson
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit by Fisher, Thorsen & Co. against S. Tomlinson and others to enforce-an alleged mechanics’ lien for materials sold to one Roberts, a retail dealer, who sold some of them to the contractor Tomlinson. There was a decree for defendants and plaintiffs appeal. There was a motion to dismiss the appeal which was overruled, and the case affirmed on the merits.
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From Marion: Reuben P. Boise, Judge. Suit by Fisher, Thorsen & Co. against S. Tomlinson and others to enforce-an alleged mechanics’ lien for materials sold to one Roberts, a retail dealer, who sold some of them to the contractor Tomlinson. There was a decree for defendants and plaintiffs appeal. There was a motion to dismiss the appeal which was overruled, and the case affirmed on the merits. The facts appear in the opinions which were written by Judge Wolverton, and Judge Moore, respectively.
1Opinion of the Court
On Motion to Dismiss Appeal.
Mr. Cheep Justice Wolverton
delivered the opinion.
The respondents, except the Northwest Door Company, moved to dismiss the appeal herein, and they assign as a reason therefor that the transcript was not filed with the clerk of this court within thirty days from the- date on which the appeal was perfected. A notice of appeal, directed to John Manning, E. P. Morcum, W. T. Slater, and W. M. Kaiser, attorneys for all the defendants, showing due acceptance of service thereof by John Manning, “one of attorneys for said defendants and respondents,” on October 6, 1899, was,…
2Cases cited3 opinions
- Nestucca Wagon Road Co. v. LandinghamOregon Supreme Court · 1893
- Schmeer v. SchmeerOregon Supreme Court · 1888
- Holladay v. ElliottOregon Supreme Court · 1879
3Cited by7 opinions
- State v. RosserOregon Supreme Court · 1939
- Baskin v. Marion CountyOregon Supreme Court · 1914
- Columbia City Land Co. v. BuhlOregon Supreme Court · 1914
- Forsberg v. Koss Construction Co.Supreme Court of Iowa · 1934
- Northwest Door Co. v. RobertsOregon Supreme Court · 1901
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