Fildew v. Milner
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice Moore. This suit was commenced August 13, 1907, by J. H. Fildew against J. T. Milner and O. O. Beardsley.
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From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice Moore. This suit was commenced August 13, 1907, by J. H. Fildew against J. T. Milner and O. O. Beardsley. The initiatory pleading, omitting its formal parts, is as follows: . i “Plaintiff for cause of complaint herein against the above-named defendants alleges: That plaintiff is the owner of the S. W. % of section thirty-one (31), township two (2) north, range five (5) west, Willamette Meridian, in Tillamook County, Oregon; that plaintiff is in possession of said premises; that defendants herein claim to have some…
1Opinion of the Court
*17Decided June 28, 1910.
On Motion to Dismiss.
[109 Pac. 1092.]
1. Opinion Per Curiam : This is a motion to dismiss an appeal on the ground that the bond therefor is insufficient. The appellant’s counsel have interposed a counter-motion for leave to file an amended undertaking.
When a party in good faith gives a notice of appeal from a judgment or decree and thereafter omits, through mistake, to file an undertaking, the appellate court may permit the performance of such act. Section 549, subd. 4, B. & C. Comp. An undertaking was given in this cause, thereby evidencing good faith, and such being the…
2Cases cited1 opinion
- Fildew v. MilnerOregon Supreme Court · 1910
3Cited by26 opinions
- Bailey v. Universal Underwriters Insurance Co.Oregon Supreme Court · 1970
- Wagar v. Prudential Insurance Co. of AmericaOregon Supreme Court · 1976
- ROHNER ET UX v. NevilleOregon Supreme Court · 1961
- Snyder v. Consolidated Highway Co.Oregon Supreme Court · 1937
- Felts v. BoyerOregon Supreme Court · 1914
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