France v. WEINSTEIN

(Pro Tempore)

Defendants appeal from an order of the circuit court dismissing their appeal from the district court of Lane county.

Defendants, after a trial and an adverse judgment, filed their notice of appeal and undertaking on July 18, 1958. The district court, apparently from inadvertence, did not make an entry allowing the appeal until January 18, 1959. Defendants filed their transcript in the circuit court on January 16, 1959. The circuit court, on motion of plaintiff, dismissed the appeal.

The question presented to this court is whether the failure of the distict court to make an entry in…