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Christian v. Evans

S. H. CHRISTIAN v. J. H. EVANS

Christian v. Evans, 5 Or. 253 (1874)
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Court
Oregon Supreme Court · State Highest Courts
Decided
December 15, 1874
Judges
McArthur
Citations
5 Or. 253
Headnotes
Notice or Appeal.—The notice of appeal must describe with reasonable certainty the decree appealed from, the eonrt in which such decree was rendered, the time when such decree was rendered, the names of the parties and the fact that one party or the other intends to appeal to the Supreme Court.
Summary
Appeal from Lane County. In this suit the notice of appeal, after naming the court and giving the title of the cause, is couched in the following language: “Appeal from a judgment on a writ of review. To Messrs. Thompson & Pitch and J. J. Walton, J"r., attorneys for the plaintiff: You and each of you will please take notice that the defendant appeals from the judgment rendered in said Circuit Court at the. April term thereof, 1874, upon a writ of review annulling and declaring void the judgment rendered by T. J. Holland, Esq., a. justice of the peace for South Eugene Precinct, wherein the above-named defendant was plaintiff, and against you as defendant, for the sum,” etc.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McArthur

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court, McArthur, J.:

The views of this Court, in relation to what is required in a notice of appeal, have been expressed in numerous cases, the last two of which are Lewis v. Lewis ( 4 Or. 209 ), and Whiteaker v. Vanschoiack. * In Lewis v. Lewis , which has been frequently cited by the Court since its decision, it is held that in case of a decree the notice of appeal must set forth with reasonable certainty, first, the decree appealed from; secondly, the court in which the decree was rendered; thirdly, the time when rendered; and fourthly, the .names of the parties and the fact that one party or the other intends to appeal from the decree to the Supreme Court.

In actions at law the appellant must also specify the errors upon which he relies in the notice. As the notice in this case is defective in not describing the judgment and naming the parties thereto, it falls within the rule of the cases cited, and the motion to dismiss must prevail.

Appeal dismissed.

The opinion on the motion to dismiss in Whiteaker v. Vanschoiack is not reported. It was rendered at the January Term, 1873.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1886–1887: 11900–1901: 11908–1909: 118862026peak 1886 · 1

Relies on it most ⓘ

  1. Lancaster v. McDonald12 P. 374 (Or. 1886)
  2. Mendenhall v. Elwert52 P. 22 (Or. 1900)
  3. State v. Preston30 Nev. 301 (1908)

Most recent

  1. State v. Preston30 Nev. 301 (1908)
  2. Mendenhall v. Elwert52 P. 22 (Or. 1900)
  3. Lancaster v. McDonald12 P. 374 (Or. 1886)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Lewis v. Lewis, 4 Or. 209 (1871) 7

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