Bilyeu v. Smith
Oregon Supreme Court
Appeal from a decision of the circuit court for the county of Linn, dismissing an appeal to that court from a judgment of the justice’s court for East Albany precinct, county of Linn, State of Oregon, rendered in an action to recover the possession of a certain mining claim. The circuit court dismissed the appeal from the justice court on the grounds of the alleged insufficiency of the undertaking given upon the appeal.
Read the full summary
Appeal from a decision of the circuit court for the county of Linn, dismissing an appeal to that court from a judgment of the justice’s court for East Albany precinct, county of Linn, State of Oregon, rendered in an action to recover the possession of a certain mining claim. The circuit court dismissed the appeal from the justice court on the grounds of the alleged insufficiency of the undertaking given upon the appeal. The amount of the undertaking was fixed by the justice’s court at the sum of §500. It was executed by the appellant and a surety, and was to the effect that the appellant…
1Opinion of the CourtThayer, C. J.
Tbe undertaking on appeal to tbe circuit court from the justice’s court was executed in accordance with section 2182, chapter 13, Code, which provides that an undertaking for stay of proceedings in such a case must be in such an amount as may be deemed sufficient to compensate the plaintiff for the use or profits of the claim during the pendency of the appeal, and for costs and disbursements of the action; and, we think, was sufficient not only as a stay, but for the purposes of an appeal A further clause in the undertaking that the appellant would pay all costs and disbursements that might…
2Cited by4 opinions
- Brown v. BakerOregon Supreme Court · 1901
- Jackson v. Sumpter Valley R'y Co.Oregon Supreme Court · 1908
- Hermann v. HutchesonOregon Supreme Court · 1898
- State v. EstesOregon Supreme Court · 1898