Herndon v. Armstrong
| Decision Date | 02 October 1934 |
| Citation | 36 P.2d 184,148 Or. 602 |
| Parties | R. L. HERNDON, Respondent, v. Stanley ARMSTRONG and Mabel F. Armstrong, his Wife, Appellants, and Evelyn G. Ramsay, also known as Mrs. J. L. Ramsay, Defendant and Respondent. |
| Court | Oregon Supreme Court |
Appeal from Circuit Court, Umatilla County; Calvin L. Sweek, Judge.
Raley, Raley & Warner and John F. Kilkenny, all of Pendleton, and S.D. Peterson, of Milton, for the motion.
Don T. Randall, of Freewater, and Homer I. Watts, of Athena, opposed.
In this case, the respondent moves to dismiss the appeal upon the same grounds as in Winter v. Heyden (Or.) 36 P.2d 183, just decided. The facts are substantially the same in both cases and the same rules of law are controlling in both cases.
The motion to dismiss must, therefore, be denied, and the appellant will be permitted to substitute certified copies thereof in lieu of the original notice of appeal, undertaking on appeal, and judgment appealed from, as in the Winter Case; and it is so ordered.
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