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Steel v. Rees

GEORGE STEEL v. D. B. REES

Steel v. Rees, 11 P. 68 (Or. 1886)
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Court
Oregon Supreme Court · State Highest Courts
Decided
May 19, 1886
Citations
11 P. 6813 Or. 4281886 Ore. LEXIS 37
Disposition
Reversed,
Headnotes
Appeals prom Justice’s Court. — The Circuit Court acquires no jurisdiction over an appeal from a Justice’s Court, unless the statute providing therefor is strictly pursued. Same — Jurisdiction on — Void Judgment. — Where an appellant takes the preliminary steps entitling him to enter the cause in the Circuit Court, but neglects so to do, the respondent cannot perfect the appeal by filing the transcript in the Circuit Court, and any action of the latter court upon a transcript so filed is a nullity.
Summary
Union County. Defendants appeal.

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

Opinion of the Court

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By the Court.

An appeal from a Justice’s Court to the Circuit Court for the purpose of a trial anew in the Circuit Court is wholly a statutory proceeding. It follows that the Circuit Court acquires no jurisdiction over the appeal unless the provisions of the statute providing for the appeal are complied with, and it shall so appear on the face of the proceedings.

In this case the appellant, after giving notice and filing an undertaking which entitled him to enter the cause in the Circuit Court, took no further steps to perfect the appeal. The respondent had no power to do what the appellant alone could do — carry forward the *429 appeal into the Circuit Court. The action of the respondent in filing a transcript in the Circuit Court was wholly without authority of law and void. The action of the Circuit Court upon such filing was a nullity. The respondent at most could only have an action on the undertaking for damages suffered by the stay of proceedings that had been produced.

The judgment must be reversed.

How later courts describe this case

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

1901: 11917: 119012026peak 1901 · 1

Relies on it most ⓘ

  1. Feller v. Feller66 P. 468 (Or. 1901)
  2. O'Connor v. Beck5 Alaska 690 (D. Alaska 1917)

Most recent

  1. O'Connor v. Beck5 Alaska 690 (D. Alaska 1917)
  2. Feller v. Feller66 P. 468 (Or. 1901)

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.

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