Carter v. Monnastes
Oregon Supreme Court
Appeal from Multnomah county: E.D.Shattuck, judge. Tbe plaintiff recovered a judgment before tbe justice of tbe peace of North Portland precinct on tbe twelfth day of December, 1889. Within tbe time allowed by law the defendant served a notice of appeal from tbe judgment, gave a proper undertaking, and tbe justice allowed tbe appeal in bis docket.
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Appeal from Multnomah county: E.D.Shattuck, judge. Tbe plaintiff recovered a judgment before tbe justice of tbe peace of North Portland precinct on tbe twelfth day of December, 1889. Within tbe time allowed by law the defendant served a notice of appeal from tbe judgment, gave a proper undertaking, and tbe justice allowed tbe appeal in bis docket. Thereafter, on tbe first day of January, 1890, of tbe circuit court of Multnomah county, tbe appellant appeared in court and obtained an ex parte order of said court allowing tbe appellant ten days in which to file tbe transcript. Tbe transcript was…
1Opinion of the CourtStrahan, C. J.
But a single question is presented by this appeal, and that is, whether or not the circuit court had power to make the order enlarging the time for filing the transcript. Hill’s Code, § 2125, provides: “On or before the first day of the term of the circuit court next following the allowance of the appeal, the appellant must file with the clerk of such circuit court a transcript of the cause,” etc. The requirement is imperative, and a compliance with the statute was essential to give the circuit court jurisdiction of the cause. No doubt, as appears from the transcript, the appellant was…
2Cited by10 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Kasparek v. Liberty Nat. Bank of Oklahoma CitySupreme Court of Oklahoma · 1934
- Trenouth v. MulroneyMontana Supreme Court · 1951
- Goodrich v. PetersonWyoming Supreme Court · 1903
- Chapman v. Regional Agricultural Credit Corp.District Court, D. Montana · 1941
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