146 P. 87 | Or. | 1915
Opinion by
This is a motion to dismiss an appeal. The transcript filed in this court January 2, 1915, discloses that a demurrer to the complaint herein was overruled July 23, 1914, and the defendants were allowed five days within which to answer. Declining to take advantage of such privilege, and refusing further to plead, a decree was rendered against them September 29, 1914. A notice was served September 8, 1914, and filed .on the 22d day of that month, which means of imparting information, omitting the title of the
“To A. P. Lecher, the Above-named Plaintiff:
“You are hereby notified that defendants will appeal to the Supreme Court of the State of Oregon from the judgment made and entered on the 23d day of July, 1914, in the Circuit Court for the State of Oregon for the county of Multnomah, and from every part and the whole thereof.”
The court on October 24, 1914, upon motion of defendants’ counsel made an order enlarging the time 30 days in which to perfect the appeal from the order of July 23, 1914, and on November 23d of that year made another order permitting the defendants to file an undertaking on appeal, pursuant to which a bond was filed December 18, 1914.
Jurisdiction of this cause was never secured, and for that reason.the appeal should be dismissed; and it is so ordered. Appeal Dismissed.