Crowther v. Jones

236 P. 267, 114 Or. 543, 1925 Ore. LEXIS 33

• Court: Oregon Supreme Court
• Decided: May 19, 1925
• Status: Published

Opinion

McBRIDE, C. J.

It is provided in Section 550, Or. L., among other things, that—

“Such notice shall be sufficient if it contains the title of the cause, the names of the parties and notifies the adverse party, or his attorney that an appeal is taken to the supreme or circuit court, as the case may be, from the judgment, order or decree, or some specified part thereof.”

We take judicial notice of the fact that there are several departments of the Circuit Court of Oregon for Multnomah County, aud we cannot, from an examination of the transcript here, identify the judgment. Neither does it comply with the statute, which requires a notice to state the name of the court to which the appeal is taken: Lecher v. St. Johns, 74 Or. 558 (146 Pac. 87).

In several cases we have held that the judgment may be identified by reference to the undertaking. The undertaking in this case is worse than the notice itself. It is not entitled in any court or any department of any court in Multnomah County, but is entitled in the Circuit Court in and for Columbia County. It is otherwise quite as indefinite as the notice. The notice is insufficient and the appeal is dismissed. Appeal Dismissed.