Sloper & Kelso v. Carey

By the Court,

Watson, J.:

The appellant attempted to take an appeal from the judgment of the justice’s .court for Monmouth precinct, to the circuit court of Polk county. The service of the notice of appeal was made by the constable of Monmouth precinct. The only proof of service was his certificate that he served the respondents personally, in Polk county, Oregon. The circuit court dismissed the appeal on account of the insufficiency of this proof of service. Sec. 517 of the code gives the constable in such cases the same right to serve the notice as it does the sheriff. Such we conceive to be…