Brown v. Jessup
Oregon Supreme Court
Appeal from Gilliam county: J. H. Bird, judge. This action was commenced in a justice’s court in the city of Arlington before the recorder of that city, who is ex officio a justice of the peace within said city, where the plaintiff recovered a judgment for $17. The judgment was entered on January 3, 1889. The justice’s docket shows that a notice of appeal was filed on the tenth of January, 1889, and on the eleventh of the same month a bond for appeal was filed, with John…
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Appeal from Gilliam county: J. H. Bird, judge. This action was commenced in a justice’s court in the city of Arlington before the recorder of that city, who is ex officio a justice of the peace within said city, where the plaintiff recovered a judgment for $17. The judgment was entered on January 3, 1889. The justice’s docket shows that a notice of appeal was filed on the tenth of January, 1889, and on the eleventh of the same month a bond for appeal was filed, with John Jordan as surety, which was approved by the justice. There is but one notice of appeal from the justice’s court in the…
1Opinion of the CourtStrahan, J.
The only .question presented on this appeal is the alleged insufficiency of the appeal from the justice. It was contended by the respondent that the notice of appeal was filed after the undertaking, and that there was therefore no undertaking given." The law regulating appeals from courts of record does prescribe the order in which the notice and undertaking shall be filed; that is, the undertaking must be filed after the filing of the notice, and it has been often held that a disregard of its provisions vitiated the appeal. Hill’s Code, § 537. But the act regulating justice’s courts, and…
2Cases cited2 opinions
- Dore v. CoveyCalifornia Supreme Court · 1859
- Starks v. StaffordOregon Supreme Court · 1886