Lester v. Elwert
Oregon Supreme Court
Appeal from Multnomah: H. Hurley, Judge. E. W. Lester recovered a judgment against Jacobena Elwert, and the latter took steps tending to an appeal. The transcript not having been filed, the respondent moves the supreme court for an affirmance of the judgment under rule seven of the rule of the supreme court promulgated February twenty-eight, eighteen hundred and eighty-nine: 19 Or. 589.
1Per curiam
The appeal in this case having been abandoned, the respondent, on October fifth, eighteen hundred and ninety-three, served a notice upon the attorney for appellant that on the sixteenth of the month he would move this court for an affirmance of the judgment. No showing *103was made, or attempted to be made, at tbe time tbe notice was served, or at any time before tbe bearing, that tbe appeal was not taken in good faith, nor was appellant notified in any way that the motion would be supported at the hearing by affidavits. However, two days before the time fixed for the hearing the appellant served…
2Cases cited1 opinion
- Hawkins v. JonesOregon Supreme Court · 1892
3Cited by2 opinions
- Wesley v. WoodsCourt of Appeals of Oregon · 1979
- Osborn v. Newberg Orchard Ass'nOregon Supreme Court · 1900