Boothe v. Scriber
Oregon Supreme Court
From Union: Robert Eakin, Judge.' Statement by Mr. Chief Justice Bean. This is an action to recover money by S. S. Boothe against J. W. Scriber. On November 28, 1898, the plaintiff delivered to the defendant $10,625, to be used in the purchase of 100 shares of the capital stock of the Farmers’ & Traders’ National Bank of La Grande.
Read the full summary
From Union: Robert Eakin, Judge.' Statement by Mr. Chief Justice Bean. This is an action to recover money by S. S. Boothe against J. W. Scriber. On November 28, 1898, the plaintiff delivered to the defendant $10,625, to be used in the purchase of 100 shares of the capital stock of the Farmers’ & Traders’ National Bank of La Grande. The s|oek was to have been purchased within 30 days, but the defendant failed or was unable to make such purchase and retained the money, making payments on account thereof to the plaintiff from time to .time, as demanded, for a period of about seven years. During…
1Opinion of the CourtChief Justice Bean
1. The defendant moves to dismiss the appeal on the ground that the transcript was not filed within the time allowed by law. The statute requires the transcript on appeal to be filed with the clerk of this court within 30 days after the appeal is perfected: B. & C. Comp. § 553, .The appeal is not perfected until the expiration of the time allowed by law to except to the sufficiency of the sureties: Callahan v. Portland, etc., R. Co. 17 Or. 558 (21 Pac. 870); Cook v. Albina, 20 Or. 190 (25 Pac. 386). The adverse party, or his attorney, is required to except to the sufficiency of the sureties…
2Cases cited3 opinions
- State v. BrooksSupreme Court of Iowa · 1892
- Cook v. City of AlbinaOregon Supreme Court · 1890
- Callahan v. Portland & W. V. R. R., Co.Oregon Supreme Court · 1889
3Cited by17 opinions
- Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913
- United States Nat. Bank v. SheflerOregon Supreme Court · 1915
- Beardsley v. HillOregon Supreme Court · 1959
- Watson v. City of SalemOregon Supreme Court · 1917
- Rynearson v. Union CountyOregon Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.