Legal Opinion

Vincent v. First Nat. Bank

Oregon Supreme Court

Decided September 29, 1914PublishedCited by 14 opinions

From Yamhill: Webster Holmes, Judge. In Banc. Statement Per Curiam. This is an action by Vinnie A. Vincent and. Mary D. Vincent against the First Nat. Bank of Roseburg. From a judgment in favor of plaintiffs, defendant appeals. Respondent now moves to dismiss the appeal herein. The judgment in this case was entered May 14, 1914. The notice of appeal was served and filed on the 22d day of June.

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From Yamhill: Webster Holmes, Judge. In Banc. Statement Per Curiam. This is an action by Vinnie A. Vincent and. Mary D. Vincent against the First Nat. Bank of Roseburg. From a judgment in favor of plaintiffs, defendant appeals. Respondent now moves to dismiss the appeal herein. The judgment in this case was entered May 14, 1914. The notice of appeal was served and filed on the 22d day of June. On the 1st day of July an order was made by the judge of tbe court below extending tbe time to file tbe transcript to August 25th. On tbe third day of July tbe undertaking was served and filed. Tbe…

1Opinion of the Court

Opinion

2Per curiam

1. Tbe first ground of tbe motion is based upon the proposition that on tbe 1st day of July, when tbe order was made enlarging tbe time to file tbe transcript, tbe undertaking bad not been filed and tbe appeal bad not been perfected. The statute reads:

“Tbe trial court or tbe judge thereof, or the Supremé Court or a justice thereof, may, upon such *581terms as may be just, by order enlarge tbe time for filing the same [abstract]; but such- order shall be made within the time allowed to file transcript, and shall not extend it beyond the term of the appellate court next following the…

3Cases cited1 opinion

  1. Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913

4Cited by14 opinions

  1. State v. HeckerOregon Supreme Court · 1923
  2. United States Nat. Bank v. SheflerOregon Supreme Court · 1915
  3. In re RiggsOregon Supreme Court · 1922
  4. Nealan v. RingOregon Supreme Court · 1919
  5. Beardsley v. HillOregon Supreme Court · 1959

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