Henness v. Wells

Pee Ctjeiam.

This action was originally commenced before a justice of the peace in Polk County, where the defendant had a judgment in her favor. The plaintiff undertook to appeal from said judgment to the Circuit Court, but filed his notice of appeal with the justice without any proof of service being indorsed thereon. The attempted proof of service was placed on the notice at least six days after the notice was filed. Upon these facts the Circuit Court dismissed the appeal, from which judgment this appeal is taken. Briney v. Starr, 6 Or. 207, is decisive against the appellant.

The provisions…