Briney v. Starr
Oregon Supreme Court
Appeal from Multnomah County. The respondent obtained a judgment in the court below for seven thousand four hundred dollars, on the twenty-eighth of June, 1870. On the second day of July following, a notice of appeal was filed with the clerk of the circuit court, but no proof of service thereof was made, nor was any indorsement of service placed on said notice.
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Appeal from Multnomah County. The respondent obtained a judgment in the court below for seven thousand four hundred dollars, on the twenty-eighth of June, 1870. On the second day of July following, a notice of appeal was filed with the clerk of the circuit court, but no proof of service thereof was made, nor was any indorsement of service placed on said notice. On the third day of September, 1870, one of the, attorneys for the appellant made an affidavit of the fact that on the second day of July, 1870, he served the notice of appeal herein on J. O. Moreland, one of respondent’s attorneys,…
1Opinion of the Court
By tbe Court, Prim, C. J.:
Subdivision 1 of section 527, page 280,-of the Civil Code, provides that “the appellant shall cause a notice to be served on the adverse party, and file the original, with the proof of service indorsed thereon, with the clerk where the judgment, etc., is entered.” Subdivision 5 of same section .declares that “an appeal shall be taken by serving and filing the notice of appeal within sixty days from the entry of the judgment,” etc.
These parts of that section indicate that the notice of appeal, on its filing, must be accompanied by the proof of service in the shape of…
2Cited by14 opinions
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- Bennett v. MinottOregon Supreme Court · 1896
- Pohrman v. KLAMATH COUNTY COMMISSIONERSOregon Supreme Court · 1975
- Rodman v. ManningOregon Supreme Court · 1908
- Streby v. State Industrial Accident CommissionOregon Supreme Court · 1923
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