Hughes v. Clemens
Oregon Supreme Court
Appeal from Marion: George H. Burnett, Judge. This is an appeal from the judgment of the circuit court dismissing an appeal from a judgment rendered by the recorder of the City of Salem, holding court as a justice of the peace ex oj/ieio.
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Appeal from Marion: George H. Burnett, Judge. This is an appeal from the judgment of the circuit court dismissing an appeal from a judgment rendered by the recorder of the City of Salem, holding court as a justice of the peace ex oj/ieio. The record shows that on October fourth, eighteen hundred and ninety-three, a judgment having been rendered against the defendant in said justice’s court, a notice of appeal therefrom was served, and filed on the next day, and an undertaking therefor having been filed on the day following, the appeal was allowed, and on the ninth day of that month a…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The motion to dismiss the original appeal being based on an alleged improper service of the notice renders an examination of the proof of service in*442dorsed thereon important. The return of the officer' who made the service is as follows: “State of Oregon, County of Marion, ss. This is to certify that I served the within notice of appeal by delivering a true copy thereof, prepared and certified to by me as marshal of the City of Salem, Oregon, and ex offieio constable, to Seth E. Hammer, one of the attorneys for the respondents; that I served the said notice of…
2Cases cited8 opinions
- Bennett v. MinottOregon Supreme Court · 1896
- Nestucca Wagon Road Co. v. LandinghamOregon Supreme Court · 1893
- McCarty v. WintlerOregon Supreme Court · 1889
- Butler v. SmithOregon Supreme Court · 1890
- Lewis & Dryden Printing Co. v. ReevesOregon Supreme Court · 1894
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3Cited by5 opinions
- Jacobs v. OrenOregon Supreme Court · 1897
- Gobbi v. RefranoOregon Supreme Court · 1898
- Eareckson v. ChandlerOregon Supreme Court · 1913
- Harrington v. SnyderOregon Supreme Court · 1909
- State v. TuckerOregon Supreme Court · 1910