Smith v. Smith

Decided December 21, 1909

Oregon Supreme Court · decided 1909-12-21

From Multnomah: William N. Gatens, Judge. This is a suit by William C. Smith and others against Benjamin F. Smith and others involving the title to two lots in Block 21, Highland, Multnomah County, Oregon. From a decree in favor of plaintiffs, defendants appeal.

Cited by 1 later decisions — most recently November 1911

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-12-21

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¶1 *129Opinion by

Mr. Chief Justice Moore.

¶2This is a motion to affirm a decree. The defendants perfected an appeal in this cause and should have filed a brief in this court not later than October 1, 1909. The plaintiffs’ counsel 40 days thereafter interposed this motion, a' copy of which was served on defendants’ counsel, who have made no showing to excuse their failure to comply with the rules of the court herein, thereby evidencing an intention to abandon the appeal.

¶3The decree should therefore be affirmed; and it is so ordered. Affirmed.