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78 Or. 214

Mitchell v. Sturtevant

Oregon Supreme Court

Decided November 16, 1915

Oregon Supreme Court · decided 1915-11-16

From Lane: George F. Skipworth, Judge. Statement by Mr. Justice Benson. This is a proceeding by Lucy Belle Mitchell, object-^ ing to the final account of Mary E. Sturtevant, executrix of the estate of Joseph K. Sturtevant, deceased. From an order dismissing an appeal to the Circuit Court, plaintiff appeals. Bespondent now moves to dismiss the appeal to this court. Motion allowed and appeal dismissed.

Cited by 2 later decisions — most recently March 1950

1 district · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1915-11-16

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Mr. Justice Benson

¶1delivered the opinion of the court.

¶21. The order was made and entered by the lower court on April 10, 1915. The notice of appeal was served on April 19th, and filed on April 21st. On May 5th a mass of papers which appear to be the original files, both in the Probate and Circuit Courts, but without any certificate identifying them, were fastened together and filed here. No abstract or other paper was filed in this court until July 22d, when the motion now under consideration was filed. Thereafter, on July 28th, appellant filed her brief. The papers filed on May 5th do not constitute such a transcript as is required by statute (Section 554, L. O. L.; Laws 1913, p. 618), or by the rules of this court. Neither is there any abstract on file herein, as required by Buie 6 of this court (117 Pac. ix), nor has appellant offered any explanation or excuse for her failure in this regard.

¶3It follows that the motion to dismiss must be allowed ; and it is so ordered.

¶4Appeal Dismissed.

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