Oliver v. Harvey
Oregon Supreme Court
Appeal from Benton County. This is a motion interposed by respondent’s counsel to dismiss the appeal, for the reason that the notice is defective and insufficient. The notice is as follows: “In the Supreme Court of the State of Oregon. S. H. Oliver, Plaintiff and Appellant, v. James Harvey, Defendant and Respondent.
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Appeal from Benton County. This is a motion interposed by respondent’s counsel to dismiss the appeal, for the reason that the notice is defective and insufficient. The notice is as follows: “In the Supreme Court of the State of Oregon. S. H. Oliver, Plaintiff and Appellant, v. James Harvey, Defendant and Respondent. “To James Harvey, or his attorneys of record: “You will please take notice that the above-named S. H. Oliver appeals from the judgment of the Circuit Court of said county, rendered at the November term thereof for the year 1873, against this appellant for costs, and in favor of…
1Opinion of the Court
By the Court,
Prim, J.:
Tbe notice of appeal, as bas often been decided by tbis Court, should describe tbe judgment appealed from witb sufficient certainty to enable all tbe parties interested in tbe matter to know definitely what judgment is appealed from. Tbe judgment in tbis notice is described as having been rendered in tbe Circuit Court of “said county.” No county bad been mentioned and previously referred to, and from tbe caption it could only be gathered that tbe paper referred to some proceeding in tbe Supreme Court. We think it too indefinite, and cannot extend tbe jurisdiction of tbis…
2Cases cited1 opinion
- Bonds v. HickmanCalifornia Supreme Court · 1866
3Cited by9 opinions
- Culbertson v. AinsworthWyoming Supreme Court · 1919
- Dowell v. BoltOregon Supreme Court · 1904
- Rodman v. ManningOregon Supreme Court · 1908
- Taylor v. LaphamOregon Supreme Court · 1902
- Seattle, Lake Shore & Eastern Railway Co. v. SimpsonWashington Supreme Court · 1898
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