Sitz v. Swain

Sitz v. Swain, 109 P. 273 (Or. 1910)

Court: Oregon Supreme Court · State Highest Courts
Decided: June 14, 1910
Citations: 109 P. 27356 Or. 5441910 Ore. LEXIS 200

Cited by 6

Headnotes

Appeal and Error — Notice op Appeal — Necessity for Indorsement of Service of Notice. The filing of the notice of appeal with service indorsed thereon within the time prescribed by Section 549, B. & C. Comp., providing that, when notice has not been given in open court, appellant must, within six months from entry of judgment, file with the clerk of the court in which the judgment is rendered the notice of appeal, with proof of service indorsed thereon; is essential to the jurisdiction of the Supreme Court.

Summary

From Harney: George E. Davis, Judge. This is an action by E. E. Sitz against A. S. Swain. From a judgment in favor of defendant, plaintiff appeals. Eespondent moves to dismiss appeal. Dismissed.

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

Opinion of the Court

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

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.

How later courts describe this case

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

Cited by 6 cases

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State Highest Courts6

Relies on it most ⓘ

State ex rel. Webster v. Superior Court120 P. 861 (Wash. 1912)
In re Willow Creek144 P. 505 (Or. 1914)
Pinney & Boyle Co. v. Los Angeles Gas & Electric Corp.141 P. 620 (Cal. 1914)
Southern Pacific Co. v. Heltzel & Pacific Inland Tariff Bureau, Inc.268 P.2d 605 (Or. 1954)
Utah Copper Co. v. Public Utilities Commission203 P. 627 (Utah 1921)
First Nat. Bank v. Pacific Tel. & Tel. Co.159 P. 561 (Or. 1916)

Most recent

Southern Pacific Co. v. Heltzel & Pacific Inland Tariff Bureau, Inc.268 P.2d 605 (Or. 1954)
Utah Copper Co. v. Public Utilities Commission203 P. 627 (Utah 1921)
First Nat. Bank v. Pacific Tel. & Tel. Co.159 P. 561 (Or. 1916)
In re Willow Creek144 P. 505 (Or. 1914)
Pinney & Boyle Co. v. Los Angeles Gas & Electric Corp.141 P. 620 (Cal. 1914)
State ex rel. Webster v. Superior Court120 P. 861 (Wash. 1912)

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

Depth	Case	Cited by
	Muckle v. Columbia Cnty., 108 P. 120 (Or. 1910)	10

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