Medynski v. Theiss
Oregon Supreme Court
From Jackson : H. K. Hanna, Judge. Suit by F. Y. Medynski against B. R. Theiss and G. W. Bashford to dissolve a partnership and for an accounting. This appeal is from an order directing the distribution of the fund arising from the sale of the property.
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From Jackson : H. K. Hanna, Judge. Suit by F. Y. Medynski against B. R. Theiss and G. W. Bashford to dissolve a partnership and for an accounting. This appeal is from an order directing the distribution of the fund arising from the sale of the property. The facts are that in the trial of a suit to dissolve a partnership between the parties hereto the referee found, in effect, that on July 18,1890, the plaintiff, F. V. Medynski, and the defendant B. P. Theiss formed a co-partnership known as the Medford Distilling & Refining Company', Theiss agreeing to contribute the sum of $10,000 and…
1Opinion of the CourtJustice Moore
1. Plaintiff’s counsel move to dismiss the appeal, contending that this court is without jurisdiction in consequence of the appellants’ failure to serve the notice of appeal upon Crowell and the receiver. To inaugurate an appeal, the appellant is required to cause a notice thereof to be served on the adverse party: Hill’s Ann. Laws, § 537. A party to a judgment or decree, to be adverse within the meaning of the statute, must have been made a party at the commencement of the suit or action, or thereafter brought in, by order of the court, in some appropriate manner : Barger v. Taylor, 30 Or.…
2Cases cited3 opinions
- Neppach v. JonesOregon Supreme Court · 1895
- Scott v. ForrestWashington Supreme Court · 1895
- Barger v. TaylorOregon Supreme Court · 1895
3Cited by11 opinions
- Lollis v. Superior Sales Co.Supreme Court of Kansas · 1978
- Willow River Water Users Ass'n v. Orchards Water Co.Oregon Supreme Court · 1924
- Hafer v. Medford & C. L. R. Co.Oregon Supreme Court · 1911
- Pine Grove Nevada Gold Mining Co. v. FreemanNevada Supreme Court · 1946
- Salene v. IsherwoodOregon Supreme Court · 1914
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