McCann v. Burns
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. This is an action commenced by Margaret Burns against H. C. Burns and Mary L. Burns. On the death of plaintiff, her executor, D. R. McCann, was substituted as plaintiff. From a judgment for plaintiff, defendants appeal. The facts are fully set forth in the opinion of the court on the merits. Respondent moves to dismiss the appeal.
1Opinion of the CourtJustice McNary
1. This is a motion to dismiss an appeal for the reason the same was not taken within 60 days from June 3, 1913. The facts giving force -to the motion are these: On January 29, 1913, Margaret Burns obtained a judgment against appellants in the Circuit Court for Multnomah County, Oregon. On February 12, 1913, *169she died. On September 22, 1913, upon the application of D. R. McCann, executor of the last will of decedent, the Circuit Court made an order substituting McCann as plaintiff. On September 25, 1913, appellants caused a notice of and undertaking on appeal to be served on the substituted…
2Cases cited3 opinions
- McBride v. Northern Pacific R. R.Oregon Supreme Court · 1890
- Stivers v. ByrkettOregon Supreme Court · 1910
- Dick v. KendallOregon Supreme Court · 1876
3Cited by5 opinions
- Brewster v. SpringerOregon Supreme Court · 1916
- State Ex Rel. United Railways Co. v. EkwallOregon Supreme Court · 1930
- Nealan v. RingOregon Supreme Court · 1919
- State v. ReyesOregon Supreme Court · 1957
- State v. ReyesOregon Supreme Court · 1957