McDonald v. Crusen
Oregon Supreme Court
Appeal from Douglas County. Respondent moved to dismiss the appeal because no notice-of appeal was filed within sixty days. Appellant interposed a motion asking that an order issue, directed to the clerk below, to certify the time when such notice was received by him and placed among the papers in the case.
1Opinion of the Court
By the Court.
The clerk might, previous to receiving a-paper offered for filing, demand the statutory fee therefor; and, in case of non-payment, take no farther notice thereof. He should demand his fees, and, in case of non-payment,, decline the custody of the paper, and declare the grounds of his refusal. Having placed the paper among the files of the case, with the date of such reception, and his name indorsed thereon, it was a good filing, and the clerk was not authorized to place any such indorsements as these upon a paper committed to him. That act was improper. Had there; been no…
2Cited by6 opinions
- Bade v. HibberdOregon Supreme Court · 1908
- Habighorst v. ConantOregon Supreme Court · 1903
- Hilts v. HiltsOregon Supreme Court · 1903
- Charles K. Spaulding Logging Co. v. RyckmanOregon Supreme Court · 1931
- Hart v. PratherOregon Supreme Court · 1911
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