Legal Opinion

Smith v. Dwight

Oregon Supreme Court

Decided May 18, 1915PublishedCited by 18 opinions

From Tillamook: Webster Holmes, Judge. This is a suit by Lewis L. Smith against W. G. Dwight, in which there was a decree in favor of plaintiff and defendant appeals. Bespondent moves to dismiss the appeal. In Banc. Department 2. Statement by Mr. Justice Bean.

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From Tillamook: Webster Holmes, Judge. This is a suit by Lewis L. Smith against W. G. Dwight, in which there was a decree in favor of plaintiff and defendant appeals. Bespondent moves to dismiss the appeal. In Banc. Department 2. Statement by Mr. Justice Bean. This is a suit to quiet title to the west half of the southwest quarter of section 1, and the northeast quarter of the southeast quarter and the southeast quarter of the northeast quarter of section 2, township 1 north, range 10 west of the Willamette Meridian, in Tillamook County, Oregon. From a decree in favor of the plaintiff,…

1Opinion of the CourtJustice Eakin

1, 2. This is a motion to dismiss an appeal for a defect in a notice. This notice is admitted to be snffi*4cient, except that it does not name the conrt to which the appeal is taken. The notice was served on thq sixteenth day of February, 1915, and the motion to dismiss was served on the 14th of April, nearly two months afterward. An amended undertaking was given in response to the assignment in the motion to dismiss, .which questions the sufficiency of the undertaking also. The new undertaking describes the judgment as being appealed to the Supreme Court of the State of Oregon, and remedies…

2Cases cited1 opinion

  1. Holton v. HoltonOregon Supreme Court · 1913

3Cited by18 opinions

  1. Linn County v. RozelleOregon Supreme Court · 1945
  2. Arbogast v. Pilot Rock Lumber Co.Oregon Supreme Court · 1959
  3. Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
  4. Travelers Insurance Company v. LawrenceCourt of Appeals for the Ninth Circuit · 1974
  5. Guthrie v. HaunOregon Supreme Court · 1938

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