111 P. 376 | Or. | 1910
Lead Opinion
Decided Nov. 1, 1910.
On Motion to Dismiss.
[111 Pac. 376.]
delivered the opinion of the court.
Defendant Matthews moves to dismiss the appeal: (1) For the reason that plaintiff is not the real party in interest; and (2) that plaintiff is not entitled to prosecute the appeal, for the reason that it is in default in the payment of its annual license fee to the State.
The statute prescribes the requisites necessary to perfect an appeal, and, if such are not complied with, the appeal may for that reason be dismissed. Other grounds, provided by the rules of this Court, for dismissal, are not important here. The points here raised are not such as involve the sufficiency of the appeal, but are matters that may be presented at the hearing upon the merits, if properly raised. Corder v. Speake, 37 Or. 105 (51 Pac. 647); Mendenhall’s Will, 43 Or. 544 (72 Pac. 318: 73 Pac. 1033).
The motion is denied. Denied.
Opinion on the Merits
decided June 6, 1911.
On the Merits.
[115 Pac. 1121.]
delivered the opinion of the court.
The defendants have filed no brief here, and the brief of plaintiff giving no indication in regard thereto, we are not apprised as to what questions were raised in the lower court concerning the complaint.
• We find no error in the ruling of the trial court. Therefore the decree there rendered is affirmed. Affirmed.