Burchell v. Averill Machinery Co.
Oregon Supreme Court
From Morrow: Henry J. Bean, Judge. Statement by Mr. Justice Slater. The defendant has attempted to appeal to this court from a judgment rendered in the circuit court for Morrow County on June 19, 1908. At the time of the rendition of this judgment, defendant gave an oral notice of appeal, but no mention thereof was made in the journal. On May 11,1909, the trial'court, upon defendant’s motion ordered the entry of the notice to be made of record nunc pro tunc.
Read the full summary
From Morrow: Henry J. Bean, Judge. Statement by Mr. Justice Slater. The defendant has attempted to appeal to this court from a judgment rendered in the circuit court for Morrow County on June 19, 1908. At the time of the rendition of this judgment, defendant gave an oral notice of appeal, but no mention thereof was made in the journal. On May 11,1909, the trial'court, upon defendant’s motion ordered the entry of the notice to be made of record nunc pro tunc. On the same day the court allowed defendant to file his undertaking on appeal, which had been executed and served on the plaintiff on…
1Opinion of the CourtJustice Slater
1. The first reason advanced in support of the motion, which is that the transcript or abstract was not filed within the time prescribed by law, as well as the third, fourth, and fifth, which are to the effect that the abstract as filed does not contain a copy of the judgment appealed from, of the notice of appeal, and proof of service thereof, or of the undertaking on appeal, is fatal to the jurisdiction of this court over this cause.
*1152. Defendant’s counsel contends that plaintiff had five days after the filing of the undertaking in which to except to the sufficiency of the sureties, and that,…
2Cases cited5 opinions
- Luis v. MuhrbackOregon Supreme Court · 1907
- Fleischner v. Bank of McMinnvilleOregon Supreme Court · 1898
- Skinner's WillOregon Supreme Court · 1902
- Boothe v. ScriberOregon Supreme Court · 1906
- Robinson v. Robinson Cheese Co.Oregon Supreme Court · 1908
3Cited by10 opinions
- Smith v. Algona Lumber Co.Oregon Supreme Court · 1913
- Goetter v. City of ColvilleWashington Supreme Court · 1914
- Greener v. ChipmanOregon Supreme Court · 1931
- Catlin v. JonesOregon Supreme Court · 1910
- Hart v. PratherOregon Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.