Cook v. City of Albina
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. The notice of appeal in this case was served on the 1st day of March, 1890. The undertaking on appeal was filed the same day. The transcript was filed in this court on the 4th day of March, 1890. The case was continued at the March term. On the 6th day of March, Í890, the respondent’s attorney gave notice that he excepted to the sufficiency of the sureties on appeal.
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Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. The notice of appeal in this case was served on the 1st day of March, 1890. The undertaking on appeal was filed the same day. The transcript was filed in this court on the 4th day of March, 1890. The case was continued at the March term. On the 6th day of March, Í890, the respondent’s attorney gave notice that he excepted to the sufficiency of the sureties on appeal. On the 15th day of October. 1890, the appellant’s counsel gave notice that he would produce the surety before the clerk on the 17th of October, 1890, for the purpose of…
1Opinion of the Court
Stbahan, O. J.
The respondent’s motion to dismiss the appeal, for the reason that the same has never been perfected as required by law, was submitted under the direction of the court, with an argument upon the merits. Also, appellant filed a motion for leave to be permitted to file an undertaking on appeal in this court now, which was also submitted with an argument on the merits. As will be seen from the statement of facts, the appellant filed his transcript in this court prematurely, that is, before respondent’s time allowed by law for excepting to the sufficiency of the sureties had…
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