Stark v. Marshall
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice Burnett. This is an action by S. W. Stark against H. E. Marshall and George W. McCoy and an action by Gust Georgousis against George W. McCoy and H. E. Marshall. As affected by the motion to dismiss the appeal, the records in these two cases are identical, so they may be considered together for the purposes of this opinion.
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From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice Burnett. This is an action by S. W. Stark against H. E. Marshall and George W. McCoy and an action by Gust Georgousis against George W. McCoy and H. E. Marshall. As affected by the motion to dismiss the appeal, the records in these two cases are identical, so they may be considered together for the purposes of this opinion. The notice of appeal and undertaking were each served on the respondent November 24,1911, and were filed with the clerk of the circuit court December 4, 1911. There were no exceptions to the surety in…
1Opinion of the CourtJustice Burnett
“Within ten days from the giving of noticevor service of notice of the appeal, the appellant shall cause to be served on the adverse party or his attorney an undertaking as hereinafter provided. * * Within five days after service of said undertaking the adverse party or his attorney shall except to the sufficiency of the sureties in the undertaking or he shall be deemed to have waived his right thereto. * * From the expiration of the time allowed to except to the sureties in the undertaking, or from the justification thereof if excepted to, the appeal *256shall be deemed perfected.” Section 550,…
2Cases cited3 opinions
- Harrington v. PhippsOregon Supreme Court · 1910
- Burchell v. Averill Machinery Co.Oregon Supreme Court · 1909
- Robinson v. Robinson Cheese Co.Oregon Supreme Court · 1908