State v. Olcott
Oregon Supreme Court
From Marion: William: Galloway, Judge. En Banc. Statement by Me. Justice Bean. This is a suit by tbe State of Oregon, on relation of Gale S. Hill, against Ben W. Olcott, Secretary of State, and Wilfred E» Farrell. From a decree in favor of defendants, the plaintiff appeals as to the defendant Olcott.
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From Marion: William: Galloway, Judge. En Banc. Statement by Me. Justice Bean. This is a suit by tbe State of Oregon, on relation of Gale S. Hill, against Ben W. Olcott, Secretary of State, and Wilfred E» Farrell. From a decree in favor of defendants, the plaintiff appeals as to the defendant Olcott. The respondent by his attorney moves to dismiss this appeal, on the ground that this court has no jurisdiction herein, for the reason that the notice of appeal was not .served upon defendant Wilfred E. Farrell, an adverse party.
1Opinion of the CourtJustice Bean
The decree appealed from, which was rendered September 4, 1913, and the notice of appeal given in open court, are as follows: “It is considered, ordered, and decreed that the suit be and the same hereby is dismissed, and that neither party recover of and from the other his costs and disbursements in this case. Whereupon the plaintiff gives notice in open court of appeal to the Supreme Court as to defendant Ben W. Olcott.”
Plaintiff contends that the defendant Farrell is not a necessary party to the suit, nor an adverse party within the meaning of the law. Section 550, L. O. L., *216provides that a…
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