52 P. 489 | Or. | 1898
delivered the opinion.
This action was commenced in the justice’s court for district No. 5, in Coos County, and judgment having been entered for plaintiffs, the defendant attempted to appeal to the circuit court. The notice of appeal was served by M. R. Lee, constable of such precinct, who certified that he served the same “ within the County of Coos and State of Oregon.” The plaintiffs moved in the circuit court to dismiss the appeal for want of proof of service of notice thereof. The motion was allowed, and
Reversed.