Legal Opinion

Martin v. Moreland

Oregon Supreme Court

Decided September 3, 1918PublishedCited by 5 opinions

From Multnomah: Edwin V. Littlefield, Judge. In Banc. Defendant Painter appeals from a judgment rendered against him in the above-entitled action.

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From Multnomah: Edwin V. Littlefield, Judge. In Banc. Defendant Painter appeals from a judgment rendered against him in the above-entitled action. Judgment was rendered November 21, 1917, notice of appeal was served December 19, 1917, and on the same date an undertaking on appeal was served and duly filed, hut for some reason not apparent it was stipulated by counsel that a new undertaking should he filed and that the sureties should appear and justify on January 10, 1918, at 1:30 p. m. At said time the court sustained the objection to the sufficiency of the sureties and on January 14th, a…

1Opinion of the CourtMcBRIDE, C. J.

Under the provisions of Section 550, subdivision 4, L. O. L., the appeal was perfected on January 19,1918, this being five days after the last undertaking was filed. The appellant then had thirty days within which to file his transcript in this court, which time would have expired on February 18, 1918. The extension was granted on the sixteenth day of February and was, therefore, two days before the expiration of the period allowed by law. The transcript was filed here on March 15, 1918, and was within time.

Motion Overruled.

2Cited by5 opinions

  1. Crowley v. GoodrichSupreme Court of Vermont · 1945
  2. Pace v. Edgemont Investment Co.Oregon Supreme Court · 1931
  3. Smith v. JohnsOregon Supreme Court · 1924
  4. Timmer v. LeonardOregon Supreme Court · 1932
  5. Martin v. MorelandOregon Supreme Court · 1918

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