Callahan v. Portland & W. V. R. R., Co.

On the ninth day of February, 1889, the plaintiff recovered judgment against the defendant. On the twenty-eighth day of the same mouth the defendant duly served its notice of appeal in Multnomah County, and on the same day filed its undertaking on appeal. On the first day of March, 1889, the plaintiff served upon the defendant and filed in said cause a paper, wherein it is recited “that the plaintiff above named hereby waives all objections to, and all right to except to, the undertaking on. appeal, filed' herein on February 28, 1889, by the above-named defendant, upon the appeal herein of…