58 P. 38 | Or. | 1899
This is a motion to dismiss an appeal. Thomas H. Tongue obtained a judgment against W. L. Brewster and others in the circuit court on July 29,1897, and on the eighth of April, 1898 — more than six months thereafter — they moved to set it aside upon the ground that it had been inadvertently entered and signed, and filed affidavits in support of the motion, which, being overruled, the defendants appeal.
It is alleged, among other things, that the defendants and their attorneys made inquiries of the clerk and the judge of the court below from time to time within the six months given for an appeal, and near the expiration thereof, as to whether a judgment had been given and entered in the cause, and that they had invariably received replies in the negative ; that other inquiries had been made of the plaintiff, and of the referee before whom the case was tried, with the same result; that the information thus obtained was incorrect and misleading, and. that, relying thereon, the defendants inadvertently allowed the time for appealing to elapse, and
Dismissed.