Close v. Close

• Decision Date: 28 October 1895
• Citation: 42 P. 128,28 Or. 108
• Parties: CLOSE v. CLOSE.
• Court: Oregon Supreme Court

42 P. 128

28 Or. 108

CLOSE v. CLOSE.

Supreme Court of Oregon

October 28, 1895

Appeal from circuit court, Clackamas county; T.A. McBride, Judge.

Action by Lizzie E. Close against David H. Close. There was a decree for plaintiff, and defendant appeals. Heard on motion to dismiss. Appeal dismissed.

H.E. Cross, for appellant.

C.D. Latourette, for respondent.

PER CURIAM.

This is a motion to dismiss the appeal, because the abstract of the record required by the rules of this court has not been served or filed. The defendant undertakes to excuse his failure in this regard on the ground that the evidence taken in the court below, and upon which the decree was based, has been lost or misplaced. But there is no rule requiring the evidence to be printed in the abstract, and, besides, it is the duty of the appellant to bring into this court a perfect record; and, if any part thereof has been lost or mislaid, it must be supplied in the court below; and, if not so supplied in a reasonable time, the appeal will be dismissed. Wolf v. Smith, 6 Or. 73; Buckman v. Whitney, 28 Cal. 555; Boyd v. Burrel, 60 Cal. 280. The transcript was filed on March 5, 1895, and the lost record has not been supplied; nor has there been any effort made in that direction, so far as we have been advised. The appeal must therefore be dismissed, and it is so ordered.