Cauldwell v. Bingham & Shelley Co.
Oregon Supreme Court
From Multnomah: George R. Bagley, Judge. Action by Isabella Cauldwell against the Bingham & Shelley Company, a corporation, Thomas Muir and Joseph Clossett, in which a judgment was rendered in favor of defendants, and plaintiff appeals. Respondent, Bingham & Shelley Company, files motion to dismiss the appeal. In Banc. Statement by Mr. Justice Harris. The defendant Bingham & Shelley Company, a private corporation, moves to dismiss the appeal prosecuted by plaintiff.
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From Multnomah: George R. Bagley, Judge. Action by Isabella Cauldwell against the Bingham & Shelley Company, a corporation, Thomas Muir and Joseph Clossett, in which a judgment was rendered in favor of defendants, and plaintiff appeals. Respondent, Bingham & Shelley Company, files motion to dismiss the appeal. In Banc. Statement by Mr. Justice Harris. The defendant Bingham & Shelley Company, a private corporation, moves to dismiss the appeal prosecuted by plaintiff. A judgment in favor of defendants was entered on July 29, 1915, and all that followed occurred in the same year. The plaintiff…
1Opinion of the CourtJustice Harris
1. Within five days after the service of the undertaking on appeal the adverse party shall except to the sureties in the undertaking, or be deemed to have waived the right to except. From the expiration of the time allowed to except to the sureties, “the appeal shall be deemed perfected”: Section 550, L. O. L., as amended by Chapter 319, Laws of 1913. The fifth day after September 28, when the undertaking was filed, fell on Sunday, October 3, and consequently the appeal became perfected with the expiration of Monday, October 4: Pringle Falls Power Company v. Patterson, 65 Or. 474 (128 Pac.…
2Cases cited3 opinions
- Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913
- West v. McDonaldOregon Supreme Court · 1914
- St. Martin v. HendershottOregon Supreme Court · 1915
3Cited by14 opinions
- Rorvik v. North Pac. Lumber Co.Oregon Supreme Court · 1920
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Ramp v. OsborneOregon Supreme Court · 1925
- McKay v. Pacific Building Materials Co.Oregon Supreme Court · 1937
- Pacific States Lumber Co. v. BargarCourt of Appeals for the Ninth Circuit · 1926
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