Elwert v. Norton
Oregon Supreme Court
From Multnomah : Loyal B. Stearns, Judge. Suit by Chas. P. Elwert against' Sarah Norton and others, in which plaintiff lost. He appealed; whereupon it was moved to dismiss his appeal. This was overruled, but on the final hearing the decree was affirmed.
1Per curiam
This is a motion to dismiss an appeal. The material facts are that on July 10, 1897, the court below dissolved an injunction theretofore issued in the cause, and dismissed the suit. From this decree plaintiff attempted to appeal, and, after serving and filing his notice thereof, filed an undertaking therefor, to which his name is appended as principal, but purported to have been signed “by J. B. Elwert, Agent,” with O. A. Alisky and T. H. Liebe as sureties. Counsel for defendants excepted to the sufficiency of the sureties, and also moved to strike the undertaking from the files for the…
2Cases cited3 opinions
- Anderson v. BaxterOregon Supreme Court · 1871
- State ex rel. Mahoney v. McKinmoreOregon Supreme Court · 1880
- Alberson v. MahaffeyOregon Supreme Court · 1877
3Cited by3 opinions
- Ferrari v. Beaver Hill Coal Co.Oregon Supreme Court · 1909
- Hanley v. StewartOregon Supreme Court · 1909
- De Golia v. AndersenOregon Supreme Court · 1921