Dick v. Kendall
Oregon Supreme Court
Appeal from Linn County. This is an appeal from a final decree of the circuit court, in a suit for a specific performance of an agreement to convey real property, brought by one Craig. After the decree had been rendered, and before the expiration of six months — the time allowed for appeal — -from the date thereof, Craig, the original plaintiff, died.
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Appeal from Linn County. This is an appeal from a final decree of the circuit court, in a suit for a specific performance of an agreement to convey real property, brought by one Craig. After the decree had been rendered, and before the expiration of six months — the time allowed for appeal — -from the date thereof, Craig, the original plaintiff, died. Before the expiration of the six months from the date of the decree, Dick, the appellant, qualified as Craig’s administrator, and with the other appellants, who were the heirs at law of Craig, served notice of appeal from the decree, and filed…
1Opinion of the Court
By the Court, Shattuck, J.:
1. That the suit is to be deemed pending in the circuit court until an appeal is perfected, or until the period for taking an appeal has expired. (Civ. Code, 213, sec. 505.)
2. That the alleged service of notice of appeal and filing the same with an undertaking for appeal, by the representatives of the deceased plaintiff, before any order under section 37 of the civil code, allowing the suit to be continued by such representatives and heirs, did not operate to give the court jurisdiction of the cause.
3. That the representatives or successors in interest of a deceased…
2Cited by9 opinions
- McBride v. Northern Pacific R. R.Oregon Supreme Court · 1890
- Stivers v. ByrkettOregon Supreme Court · 1910
- Long v. ThompsonOregon Supreme Court · 1899
- Oregon Auto-Dispatch v. CadwellOregon Supreme Court · 1913
- White v. LaddOregon Supreme Court · 1890
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