40 P. 4 | Or. | 1895
The only question for consideration on this motion is whether an order of the circuit court
In our opinion the statute was probably intended to apply to the circuit court alone, but, however that may be, we can find no room in its language for the distinction sought to be made by counsel. It says the court or judge thereof may, ‘ ‘ upon notice to the respondent, ” by order enlarge the time for filing a transcript, and if, as held in Bush v. Geisey, the notice is a prerequisite to the exercise of this authority, it is certainly immaterial in which court the proceedings are had. The authority to enlarge the time is to be found in the statute, and it is only by compliance with its terms that the order can be made. Without the statute neither this court nor the circuit court has power to enlarge the time for filing a transcript, and by its express terms this power cannot be exercised except upon notice to the respondent. And indeed this is a wholesome requirement, for otherwise an
Dismissed.