Legal Opinion

Mitchell v. Coach

Oregon Supreme Court

Decided December 15, 1915PublishedCited by 15 opinions

From Coos: John S. Coke, Judge. This is an action by W. J. Mitchell and L. Gr. Carpenter, doing business under the firm name and style of Coast Detective Bureau, against J. W. Coach. Bespondent moves to dismiss defendant’s appeal. In Banc.

1Opinion of the CourtJustice Benson

This is a motion to dismiss the appeal upon the grounds: (1) That the appellant has failed to serve or file his notice of appeal within the time prescribed by law; (2) that the undertaking on appeal was not filed within the time prescribed by the statute.

1. The notice of appeal as it appears in the transcript contains the following proof of service:

“State of Oregon,

Coos County — ss.

“I hereby certify that I served this notice of appeal upon C. F. McKnight, attorney for plaintiffs, at Coos County, Oregon, on the 19th day of July, 1915.
“A. S. Hammond,
“Attorney for Defendant.”

The notice is also…

2Cases cited3 opinions

  1. Barbre v. GoodaleOregon Supreme Court · 1896
  2. Dowell v. BoltOregon Supreme Court · 1904
  3. Rodman v. ManningOregon Supreme Court · 1908

3Cited by15 opinions

  1. Storm v. ThompsonOregon Supreme Court · 1936
  2. J. A. Campbell Co. v. CorleyOregon Supreme Court · 1932
  3. McCall v. Inter Harbor Navigation Co.Oregon Supreme Court · 1936
  4. Vnuk v. PattersonOregon Supreme Court · 1926
  5. Earle v. HolmanOregon Supreme Court · 1936

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