Sitz v. Swain

Oregon Supreme Court

Sitz v. Swain

109 P. 273, 56 Or. 544, 1910 Ore. LEXIS 200

CourtOregon Supreme Court

DecidedJune 14, 1910

StatusPublished

Cited by7 cases

This text of 109 P. 273 (Sitz v. Swain) 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

Sitz v. Swain, 109 P. 273, 56 Or. 544, 1910 Ore. LEXIS 200 (Or. 1910).

Pincite

Opinion

Per Curiam.

It appears from the record, and is. conceded by plaintiff, that the decree appealed from was entered on the 20th day of February, 1909. The notice of appeal was not filed until August 23, 1909, three days after the expiration of six months from the entry of the decree. The filing of the notice of appeal with service indorsed thereon within the time prescribed by the statute (Section 549, B. & C. Comp.) is jurisdictional, and the delay is fatal to this appeal. Muckle v. Columbia Co., 56 Or. 146 (108 Pac. 120.)

The appeal is dismissed. Dismissed.

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Opinion

Per Curiam.

It appears from the record, and is. conceded by plaintiff, that the decree appealed from was entered on the 20th day of February, 1909. The notice of appeal was not filed until August 23, 1909, three days after the expiration of six months from the entry of the decree. The filing of the notice of appeal with service indorsed thereon within the time prescribed by the statute (Section 549, B. & C. Comp.) is jurisdictional, and the delay is fatal to this appeal. Muckle v. Columbia Co., 56 Or. 146 (108 Pac. 120.)

The appeal is dismissed. Dismissed.

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Bluebook (online)

109 P. 273, 56 Or. 544, 1910 Ore. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sitz-v-swain-or-1910.

Opinion

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