108 P. 633 | Or. | 1910
Opinion
An indorsement showing the time and manner of service, is an essential statutory requirement, and must appear on the notice of appeal when it is filed, since an omission thereof cannot be supplied, because the failure is jurisdictional. Burchell v. A. H. Averill Machinery Co., 55 Or. 113 (105 Pac. 403).
No competent evidence of the “due service” of the notice of appeal exists, and in its absence the appeal is dismissed.
Dismissed: Rehearing Denied.