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Harrington v. Phipps

Harrington v. Phipps, 108 P. 185 (Or. 1910)
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Court
Oregon Supreme Court · State Highest Courts
Decided
April 26, 1910
Judges
Moore
Citations
108 P. 18556 Or. 2611910 Ore. LEXIS 171
Disposition
Dismissed.
Cited by 13
Headnotes
Appeal and Error — Filing of Transcript — Extension of Time. The appeal being, by provision of Section 549, subd. 4, B. & C. Comp., perfected from the time the surety on the appeal bond, being excepted to, appears and justifies, -within 30 days from which time appellant is required to file a transcript in the Supreme Court, unless, as provided by Section 553, subd. 2, an order for extension of the time therefor be made 'within said 30 days, no jurisdiction is conferred on the Supreme Court by the filing of the transcript under an order of the trial court made after expiration of such 30 days, so that appeal will be dismissed.
Summary
From Jackson: Hiero K. Hanna, Judge. This is an action by John Harrington against W. E. Phipps, Frances M. Snyder and J. R. Neil. From a judgment in favor of defendants, plaintiff appeals. On Motion to Dismiss.

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

Opinion of the Court — Moore

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Opinion by Mr. Chief Justice Moore.

This is a motion to dismiss an appeal. At the trial this action was dismissed, and the plaintiff, in order to review the judgment, caused to be served and filed a notice of appeal and an undertaking. Exceptions were taken to the sufficiency of the surety in the undertaking, who, pursuant to notice, appeared at the time appointed, January 25, 1910, and justified, whereupon the appeal became perfected. Section 549, subd. 4, B. & C. Comp. Within 30 days from that time the appellant was required to file with the clerk of this court a transcript or an abstract on appeal, or to secure an order enlarging the time to file the same. Section 553, subd. 2, B. & C. Comp. The trial court, on February 26, 1910, made an order allowing the plaintiff 30 days therefrom to file the transcript, and it was filed in this court February 28, 1910. The order, therefore, was made after the expiration of the 30 days specified, and no jurisdiction of the cause was conferred by the filing of the transcript.

The appeal must be dismissed, and it is so ordered.

Dismissed.

How later courts describe this case

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

Cited by 13 cases

View all citing references →
1912: 11914: 51919: 11921: 11938: 11954: 11965: 11967: 11971: 119122026peak 1914 · 5

Relies on it most ⓘ

  1. Stark v. Marshall120 P. 372 (Or. 1912)
  2. Waterway Terminals Co. v. P. S. Lord Mechanical Contractors406 P.2d 556 (Or. 1965)
  3. State v. Brake195 P. 583 (Or. 1921)
  4. People v. Carmen273 P.2d 521 (Cal. 1954) · Dissent
  5. State v. Rader186 P. 79 (Or. 1919) · Concurrence
  6. State v. Bristol84 P.2d 757 (Wyo. 1938)

Most recent

  1. State v. Locke489 P.2d 991 (Or. Ct. App. 1971)
  2. Kruse v. Coos Head Timber Co.432 P.2d 1009 (Or. 1967)
  3. Waterway Terminals Co. v. P. S. Lord Mechanical Contractors406 P.2d 556 (Or. 1965)
  4. People v. Carmen273 P.2d 521 (Cal. 1954) · Dissent
  5. State v. Bristol84 P.2d 757 (Wyo. 1938)
  6. State v. Brake195 P. 583 (Or. 1921)

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 0

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