Alberson v. Mahaffey
Oregon Supreme Court
Appeal from Union County. A motion was made in this case to dismiss the appeal upon the ground that no affidavits by the sureties in the undertaking on appeal as to their qualifications were filed with the undertaking. Upon the hearing of the motion, appellant asked leave to perfect his appeal by filing a new undertaking.
1Opinion of the Court
By the Court, Shattuck, J.:
The undertaking on appeal is defective. There is no affidavit of the surety as to his qualifications, ánd no recital or averment whatever of his qualifications. This case is within that of Holcomb v. Teal, 4 Or. 352, which requires the affidavits of the sureties in an undertaking on appeal to be filed contemporaneously with the filing of the undertaking. The motion to dismiss the appeal because of the insufficiency of the undertaking, should be allowed. No amendment of the undertaking, or leave to now perfect the appeal by filing a new undertaking, can be allowed.…
2Cases cited2 opinions
- Cross v. ChichesterOregon Supreme Court · 1871
- Holcomb v. TealOregon Supreme Court · 1873
3Cited by4 opinions
- Ferrari v. Beaver Hill Coal Co.Oregon Supreme Court · 1909
- Northern Counties Investment Trust v. HenderWashington Supreme Court · 1895
- Elwert v. NortonOregon Supreme Court · 1899
- De Golia v. AndersenOregon Supreme Court · 1921