Legal Opinion

Taylor v. Lapham

Oregon Supreme Court

Decided July 7, 1902PublishedCited by 8 opinions

From Klamath: Henry L. Benson, Judge. Action by James Taylor aud others against Gilbert C. Lapham. From a judgment for plaintiffs, defendant attempted to appeal. Plaintiffs moved to dismiss.

1Opinion of the CourtChief Justice Bean

This is a motion to dismiss an appeal because the notice thereof, although served, was not filed within six months from the rendition of the decree. After the six months had expired, the appellant obtained an order from the judge of the court below permitting him to file the notice, which was done accordingly, and the only question is whether the court acquired jurisdiction by such filing. The statute provides that an appeal, if not taken at the time of the rendition of the judgment or decree appealed from, shall be taken by serving and filing the notice of appeal within six months from the…

2Cases cited4 opinions

  1. Odell v. GotfreyOregon Supreme Court · 1886
  2. Henness v. WellsOregon Supreme Court · 1888
  3. Oliver v. HarveyOregon Supreme Court · 1874
  4. State v. ZingsemOregon Supreme Court · 1879

3Cited by8 opinions

  1. State v. LangfordOregon Supreme Court · 1918
  2. Sargent v. FolandOregon Supreme Court · 1922
  3. Dowell v. BoltOregon Supreme Court · 1904
  4. Streby v. State Industrial Accident CommissionOregon Supreme Court · 1923
  5. Union Central Life Insurance v. Deschutes Valley Loan Co.Oregon Supreme Court · 1932

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