45 P. 908 | Or. | 1896
Opinion by
The plaintiffs move to dismiss the appeal on the ground that service of notice of appeal on the attorney of record of the adverse party who does not reside in the county where the action or suit was tried is void, although it may in fact be made in such county.' It has repeatedly been held, and may now be regarded as settled, that under section 531 of Hill’s Code service of a notice of appeal may be made either upon a party or his attorney of record, even if the attorney resides in the county where
Upon the merits little need be said. Counsel for plaintiffs have not seen fit to file a brief on the merits, or argue the case orally, but nevertheless we have carefully examined the record; and are clear that the decree cannot be sustained, either upon the law or facts. There is not a scintilla of evidence showing or even tending to show that Haines was guilty of any fraud or misconduct in the matter, or that he knew or had reason to suspect that Boyce contemplated a fraudulent assignment, but, on the contrary, the evidence shows beyond doubt that he acted in the utmost good faith. He knew nothing about Boyce’s financial condition, or that he contemplated making an assignment, until a day or two before it was made, when Boyce, at the suggestion of his attorney, requested Mm to act as assignee. This he declined to do until he could be further advised in the matter. After advising himself as to the duties and
Reversed,