Legal Opinion

Carver v. Jackson County

Oregon Supreme Court

Decided February 22, 1892PublishedCited by 11 opinions

Jackson county: L. R. Webster, Judge. Plaintiff appeals. This is a proceeding by writ of review to reverse the action of the county court of Jackson county in the matter of laying out a public road in said county. The court below dismissed the writ and rendered judgment against the plaintiff for costs, from which this appeal was taken. The notice of appeal is addressed to Jackson county and to Wm.

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Jackson county: L. R. Webster, Judge. Plaintiff appeals. This is a proceeding by writ of review to reverse the action of the county court of Jackson county in the matter of laying out a public road in said county. The court below dismissed the writ and rendered judgment against the plaintiff for costs, from which this appeal was taken. The notice of appeal is addressed to Jackson county and to Wm. M. Colvig, district attorney, and, omitting the title, is as follows: “You and each of you are hereby notified that the above named plaintiff E. W Carver hereby appeals from the decision and…

1Opinion of the CourtStrahan, C. J.

Upon the argument in this court, counsel for the respondent objected to the consideration of any of the supposed errors in the record because the same were not assigned in the notice of appeal.

Section 537, Hill’s Code, among other things, provides in case the judgment be one rendered in an action at law, the notice of appeal shall specify with reasonable certainty the grounds of error upon which the appellant intends to rely upon the appeal; and section 544 authorizes this court to affirm, reverse or modify the judgment or decree appealed from in the respect mentioned in the notice, and not…

2Cases cited8 opinions

  1. State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
  2. Woodruff v. County of DouglasOregon Supreme Court · 1889
  3. McKay v. FreemanOregon Supreme Court · 1877
  4. Williams v. GallickOregon Supreme Court · 1884
  5. Dolph v. NickumOregon Supreme Court · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Fulton Insurance Co. v. White Motor Corp.Oregon Supreme Court · 1972
  2. Waddill v. Anchor Hocking, Inc.Oregon Supreme Court · 2000
  3. Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
  4. Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
  5. Wyatt v. HendersonOregon Supreme Court · 1897

6 more not listed; retrieve them via the Exa API.

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