Lengele v. Moore

Decided October 22, 1915

Oregon Supreme Court · decided 1915-10-22

Prom Polk: Harry H. Belt, Judge. Statement by Mr. Justice Eakin. This is a suit by Theodore Lengele against Mrs. B. McN. Moore, J. M. Hanslimair, Geo. O. Sloan and Daisy A. Sloan, in which the respondent files motion to dismiss the appeal. In this case the court finds that by stipulation the appellants and respondent consented to the decree as entered. The notice of appeal was served the first day of July, 1915.

Cited by 1 later decisions — most recently June 1916

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal Dismissed · Decided 1915-10-22

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Mr. Justice Eakin

¶1delivered the opinion of the court.

¶21. The motion must be sustained upon both grounds. Appellant’s time to file his transcript in this court expired on the sixteenth day of August, and it was not *648filed until the 31st. The law requires that it shall he filed within 30 days from the time the appeal is perfected, which time was the seventeenth day of July. The case of the East Side Lumber Co. v. Feldman et al., ante, p. 644 (152 Pac. 266), holds that a consent decree cannot be appealed from, citing numerous authorities which it is not necessary to repeat here.

¶3Appeal Dismissed.