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19 Or. 538

Carter v. Monnastes

Oregon Supreme Court

Decided November 10, 1890

Oregon Supreme Court · decided 1890-11-10

D.Shattuck, judge. Tbe plaintiff recovered a judgment before tbe justice of tbe peace of North Portland precinct on tbe twelfth day of December, 1889. Within tbe time allowed by law the defendant served a notice of appeal from tbe judgment, gave a proper undertaking, and tbe justice allowed tbe appeal in bis docket.

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-10

How this case has been cited

Cited by 5 later decisions — most recently September 1992

3 district · 2 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Strahan, C. J.,

¶1delivered the opinion of the court.

¶2But a single question is presented by this appeal, and that is, whether or not the circuit court had power to make the order enlarging the time for filing the transcript. Hill’s Code, § 2125, provides: “On or before the first day of the term of the circuit court next following the allowance of the appeal, the appellant must file with the clerk of such circuit court a transcript of the cause,” etc. The requirement is imperative, and a compliance with the statute was essential to give the circuit court jurisdiction of the cause. No doubt, as appears from the transcript, the appellant was hindered in the prosecution of the appeal by circumstances over which he had no control; and if the circuit court had the power, its order enlarging the time was proper, but no provision of the statute conferring such power has been brought to our notice, and we know of none. 1 Am. & Eng. Ency. of Law, 621.

¶3We think the circuit court did not err in dismissing the appeal, and its judgment must be affirmed.

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