Muscatel v. Wolfman

Oregon Supreme Court

Muscatel v. Wolfman

221 P. 167, 109 Or. 484, 1923 Ore. LEXIS 121

DecidedDecember 27, 1923

StatusPublished

This text of 221 P. 167 (Muscatel v. Wolfman) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muscatel v. Wolfman, 221 P. 167, 109 Or. 484, 1923 Ore. LEXIS 121 (Or. 1923).

Pincite

Opinion

McBRIDE, C. J.

Permission to file a bill of exceptions and a transcript are entirely separate matters. The transcript may be filed without a bill of exceptions, and, no transcript having been filed on July 17, 1923, the appellants lost their right to file a transcript, and the court was without jurisdiction thereafter to extend the time for such filing.

The transcript was actually filed here on September 10, 1923, clearly outside of the time allowed, and the appeal will be dismissed and judgment affirmed.

Appeal Dismissed and Judgment Affirmed.

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McBRIDE, C. J.

Permission to file a bill of exceptions and a transcript are entirely separate matters. The transcript may be filed without a bill of exceptions, and, no transcript having been filed on July 17, 1923, the appellants lost their right to file a transcript, and the court was without jurisdiction thereafter to extend the time for such filing.

The transcript was actually filed here on September 10, 1923, clearly outside of the time allowed, and the appeal will be dismissed and judgment affirmed.

Appeal Dismissed and Judgment Affirmed.

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Bluebook (online)

221 P. 167, 109 Or. 484, 1923 Ore. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muscatel-v-wolfman-or-1923.