Jubitz v. Gress
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. This is a motion to dismiss an appeal. The facts are as follows: This cross-appeal is from a decree of the Circuit Court for Multnomah County in two causes consolidated by the court into one. Both causes originated in suits to foreclose mortgages upon a tract of real property in Multnomah County.
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From Multnomah: John P. Kavanaugh, Judge. This is a motion to dismiss an appeal. The facts are as follows: This cross-appeal is from a decree of the Circuit Court for Multnomah County in two causes consolidated by the court into one. Both causes originated in suits to foreclose mortgages upon a tract of real property in Multnomah County. Cross-appellant, Julius Haase, was a defendant in each suit, and by answers and cross-complaint claimed a lien upon the real property prior to those of the plaintiffs in the two suits and alleged that a conveyance of the land in question from Fred Brakebush…
1Opinion of the CourtMcBRIDE, C. J.
1. There was no service of the notice of the cross-appeal upon defendant Gress, and the acceptance of service by Campbell was only sufficient as to Fred Brakebush. The addition of the observation “et al.” does not indicate with sufficient certainty who the attorney was attempting to represent: Brabham v. Custer County, 3 Neb. Unof. 801 (92 N. W. 989); Mutual Bldg. L. & I. Co. v. Dickinson, 112 Ga. 469 (37 S. E. 713); Swift v. Thomas, 101 Ga. 89 (28 S. E. 618); Breidenthal v. McKenna, 14 Pa. 160. It is manifest therefore, that if Gress, Minnie Brake-bush and Karoline Janiche are “adverse…
2Cases cited5 opinions
- Moody v. MillerOregon Supreme Court · 1893
- Swift v. ThomasSupreme Court of Georgia · 1897
- Degginger v. Seattle Brewing & Malting Co.Washington Supreme Court · 1906
- Mutual Building Loan &c. Co. v. DickinsonSupreme Court of Georgia · 1900
- Breidenthal v. McKennaSupreme Court of Pennsylvania · 1850
3Cited by1 opinion
- In Re Brooks' EstateOregon Supreme Court · 1941