Legal Opinion

United States Nat. Bank v. Shefler

Oregon Supreme Court

Decided October 19, 1915PublishedCited by 21 opinions

From Marion: William Galloway, Judge. This is a suit by the United States National Bank, of Salem, Oregon, a corporation, against George O. Shefler and Belle M. Shefler, his wife, Ladd & Bnsh, a corporation, J. H. Cummings, S. C. Spencer, Beneta R. Stroud, F. J. Eldriedge and Swastika Farms Company, a corporation. From. a decree in favor of plaintiff, the defendants, F. J. Eldriedge and Swastika Farms Company, appeal. Respondent moves to dismiss the appeal.

1Opinion of the CourtJustice Eakin

The ground on which this motion is based is that the appeal was not taken within 60 days from the date of the decree, and that service was not made on the Sheflers. Laws of 1913, page 617, amending Section 550, L. O. L., provides, among other things:

“An appeal * * shall be taken by serving and filing the notice of appeal, within 60 days from the entry of the * * decree. * * ”

The decree in this case was rendered April 30, 1914. The notice of appeal was served by mail. In the return of service it does not appear when or where the service was made, except that the affidavit of mailing was sworn…

2Cases cited4 opinions

  1. Luis v. MuhrbackOregon Supreme Court · 1907
  2. Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913
  3. Boothe v. ScriberOregon Supreme Court · 1906
  4. Vincent v. First Nat. BankOregon Supreme Court · 1914

3Cited by21 opinions

  1. State v. HeckerOregon Supreme Court · 1923
  2. De Golia v. AndersenOregon Supreme Court · 1921
  3. In re RiggsOregon Supreme Court · 1922
  4. Nealan v. RingOregon Supreme Court · 1919
  5. Beardsley v. HillOregon Supreme Court · 1959

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