259 P. 207 | Or. | 1927
In Banc.
Respondent moves to dismiss the appeal and also to strike the bill of exceptions from the record; these will be noticed in their order. It is contended that the notice of appeal fails to sufficiently describe the judgment appealed from, and also to state the name of the court to which the appeal was taken. The notice of appeal is entitled in the proper court, and contains the names of the parties to the action, the date when the judgment appealed from *104
was rendered, and notifies the adverse party and her attorney that an appeal from said judgment was taken to the Supreme Court of this state. This conformed to the requirements of Section 550, subdivision 1, L.O.L., and was sufficient as held in Tucker v.Nuding,
The further contention is that the appeal should have stated that it was taken to the "Supreme Court of the State of Oregon" and not as recited in the notice to the "Supreme Court of this State." In respect to this contention the notice of appeal could not have been misleading. There was but one court to which the appeal could be taken, and under the statute it would have been sufficient if the notice had merely said that the appeal was taken to the Supreme Court, without the addition of the words "of Oregon."
The further contentions that the transcript was not filed in this court in time, and that the transcript as filed was not sufficient to give this court jurisdiction of the appeal, is foreclosed by what appears on the face of the record. The motion to dismiss the appeal must therefore be overruled.
It is clear that under the ruling in Ptack v. Strong,
The motion to expunge the bill of exceptions will be allowed.
MOTION TO DISMISS APPEAL DENIED. MOTION TO STRIKE BILL OF EXCEPTIONS ALLOWED. REHEARING DENIED.