Chemin v. City of East Portland

Apeeaít-Jostipication op Sureties — Power op Court to-Shokten Time. — The eoart below had no power to shorten the time allowed by law for the justification of sureties on' appeal, and when the transcript was filed in this court, before the time fixed by law for such ju-lification, the same must be stricken from the docket.

Appeal from Multnomah county: L. B. Stearns, judge. The final decree in this case was rendered on the thirtieth: day of September, 1890. On the same day the appellant served his notice of appeal, and filed his undertaking on appeal. On the sixth day of October, 1890, the respondent excepted to the sufficiency of the sureties and served notice thereof upon appellant’s counsel, who thereupon gave notiee that the sureties would appear at once to justify. On the same day the appellant and respondent appeared in open court, and after hearing the appellant’s application, the court made an order shortening the time for the justieation of the sureties from ten days to two hours. At the time fixed by the court for such justification, being October 6, 1890, at the hour of 3:30 P. M. of said day, the appellant produced his sureties in open court, andrespond-ent’s counsel, though present, declined to examine as to their qualifications and thereupon the court adjudged them sufficient. On October 7, 1890, the transcript was filed in this court.