United States National Bank v. Underwriters at Lloyd's, London

This appeal was dismissed because of tbe failure of tbe appellants to deposit with tbe county clerk tbe Supreme Court filing fee witbin the time allowed for filing a notice of appeal. ORS 19.035. Appellants filed a petition for rehearing which was denied. Tbe matter is before us now on what is in effect a second petition for rehearing.

In my opinion Citron v. Hazeltine, 227 Or 330, 361 P2d 1011, was correctly decided and is controlling here. I would adhere to our order dismissing the appeal.

Rossman and Perry, JJ., join in this dissent.