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Morrison v. St. Johns Sanitarium

Morrison v. St. Johns Sanitarium, 174 P. 721 (Or. 1918)
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Court
Oregon Supreme Court · State Highest Courts
Decided
September 10, 1918
Judges
Cueiam
Citations
174 P. 72189 Or. 4271918 Ore. LEXIS 141
Disposition
Dismissed.
Headnotes
Appeal and Error — Undertaking—-Failure to Serve. 1. Where appellants regularly served their notice of appeal and filed their undertaking, but failed to serve undertaking on respondent or her attorney, and offered no escuse for such failure, the appeal will be dismissed.
Summary
Prom Clatsop: Jambs A. Eakin, Judge. On motion to dismiss 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 — Cueiam

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PEE CUEIAM. —

1. The plaintiff had a decree in her favor in the court below and the defendants regularly served their notice of appeal and filed their undertaking, hut failed to serve the undertaking on plaintiff or her counsel. Plaintiff moves to dismiss the appeal and affirm the decree of the court below. As no excuse is offered for the failure to serve the undertaking the appeal will be dismissed and the decree affirmed with judgment against appellants for the costs of this proceeding. Appeal Dismissed,

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