Catlin v. Jones
Oregon Supreme Court
On Motion to Dismiss. From Marion: James W. Hamilton, Judge. Statement Per Curiam. The defendant, S. W. Jones, has undertaken to appeal from the judgment rendered by the circuit court for Marion County. He caused to be served upon and left with plaintiff’s attorneys the original notice of appeal, with proof of service thereon, and filed with the clerk of the lower court a copy thereof, without any such indorsement.
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On Motion to Dismiss. From Marion: James W. Hamilton, Judge. Statement Per Curiam. The defendant, S. W. Jones, has undertaken to appeal from the judgment rendered by the circuit court for Marion County. He caused to be served upon and left with plaintiff’s attorneys the original notice of appeal, with proof of service thereon, and filed with the clerk of the lower court a copy thereof, without any such indorsement. An undertaking on appeal was served and filed, and the transcript sent up. The plaintiffs have moved to dismiss the appeal on the ground that the notice is insufficient.…
1Opinion of the Court
Opinion
2Per curiam
1. A party to a judgment, desiring to appeal therefrom, may give notice in open court or before the judge, at the time the decision is rendered, that he appeals from the judgment to the court to which the appeal is sought to be taken, and the notice shall thereupon, by order of the court or judge, be entered in the journal. If the appeal is not taken at the time the judgment is given, then the party may cause a notice to be served on the adverse party, or upon his attorney, and file the original, with proof of service indorsed thereon, with the clerk of the court in which the judgment…
3Cases cited2 opinions
- Hanley v. StewartOregon Supreme Court · 1909
- Burchell v. Averill Machinery Co.Oregon Supreme Court · 1909
4Cited by6 opinions
- McEwen v. McEwenOregon Supreme Court · 1955
- Lee v. GramOregon Supreme Court · 1922
- Robertson v. HendersonOregon Supreme Court · 1947
- Liimatainen v. State Industrial Accident CommissionOregon Supreme Court · 1926
- Earle v. HolmanOregon Supreme Court · 1936
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