Carr v. Hurd
Multnomah County Circuit Court, Oregon
The respondent appeared’ specially for the purpose, and moved to dismiss the appeal for want of a sufficient service of notice of the appeal. The respondent had appeared in the justice’s court by an attorney who resides and has his office in the county, and the notice of appeal was served on the attorney and not on the respondent in person.
1Opinion of the CourtUpton, J.
The general practice act, sec. 5.27, provides, in' regard to appeals from judgments rendered in courts of record, “The appellant shall cause a notice to be served on the adverse party, and file the original,” etc. The justices’ act uses this phraseology : “The appeal is taken by serving a notice thereof on the adverse- party and filing the original.” Oode p. 595, s. 66.
In Lindley v. Wallis, 2 Ogn. 203, the supreme court having an appeal from a court of record under consideration, held that, £ £ the service of notice of appeal may be made either upon the party or upon his attorney of record…
2Cited by3 opinions
- Butler v. SmithOregon Supreme Court · 1890
- Hughes v. ClemensOregon Supreme Court · 1895
- Lewis & Dryden Printing Co. v. ReevesOregon Supreme Court · 1894