Curry v. Pope

Defendant appeals from a judgment of tbe circuit court dismissing his appeal from a judgment of tbe district court. Tbat appeal was dismissed by tbe circuit court on tbe ground tbat defendant bad failed to file bis undertaking on appeal witbin tbe time required by statute. We affirm.

ORS 46.250 provides tbat an appeal from tbe district court to tbe circuit court “shall be taken at the time and in tbe manner provided for taking an appeal from tbe justice’s court.” On appeal from tbe justice court to tbe circuit court an undertaking must be filed as required by ORS 53.040, which provides:

“Tbe…