United States National Bank v. Underwriters at Lloyd's, London

This case is here on a motion to dismiss the appeal because the filing fee was not paid to the county clerk within the time allowed for the filing of notice of appeal. When the motion to dismiss was first presented it was allowed because of the decision in Citron v. Hazeltine, 1961, 227 Or 330, 361 P2d 1011. A motion for reconsideration has been filed. A majority of the court, for the reasons hereinafter stated, believe that the Citron case should be overruled.

In the instant case, counsel for appellant forwarded the notice of appeal and other documents from Portland to the county clerk of…