Legal Opinion

Watts v. State Spiritualists' Ass'n

Oregon Supreme Court

Decided March 22, 1910PublishedCited by 2 opinions

From Multnomah: CALVIN U. Gantenbein, Judge. Statement by Mr. Justice McBride. On August 13, 1908, John F. Watts recovered a judgment against the State Spiritualists’ Association of Oregon (a corporation), in the justice court for Portland district, Multnomah County, _ for the sum of $112.95. Defendant gave oral notice of appeal in open court on the day the judgment was rendered, and did nothing further to perfect such appeal in pursuance of the oral notice, and afterwards,…

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From Multnomah: CALVIN U. Gantenbein, Judge. Statement by Mr. Justice McBride. On August 13, 1908, John F. Watts recovered a judgment against the State Spiritualists’ Association of Oregon (a corporation), in the justice court for Portland district, Multnomah County, _ for the sum of $112.95. Defendant gave oral notice of appeal in open court on the day the judgment was rendered, and did nothing further to perfect such appeal in pursuance of the oral notice, and afterwards, on the 10th day of September, 1908, served and filed a written notice, of which the following is a copy: “In the Justice…

1Opinion of the CourtJustice McBride

1. The statute in force when the written notice of appeal was served is as follows:

“Such notice shall be sufficient if it contains the title of the cause, the names of the parties, and notifies the adverse party or his attorney that an appeal is taken to the supreme or circuit court, as the case may be, from *58the judgment, order or decree, or some specified part thereof.” Laws 1901, p. 77.

In Anderson v. Phegley, 54 Or. 102 (102 Pac. 603), we had occasion to construe the statute above quoted, and to call attention to the fact that its provisions had very much relaxed the rule, theretofore…

2Cases cited2 opinions

  1. Nestucca Wagon Road Co. v. LandinghamOregon Supreme Court · 1893
  2. Anderson v. PhegleyOregon Supreme Court · 1909

3Cited by2 opinions

  1. Rohrbacher v. StrainOregon Supreme Court · 1920
  2. Hulegaard v. GarrettOregon Supreme Court · 1968

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