Neppach v. Jordan

• Decision Date: 10 March 1886
• Citation: 13 Or. 246,10 P. 341
• Parties: NEPPACH, Adm'r, etc., v. JORDAN.
• Court: Oregon Supreme Court

10 P. 341

13 Or. 246

NEPPACH, Adm'r, etc., v. JORDAN.

Supreme Court of Oregon

March 10, 1886

Appeal from Multnomah county.

E.O Dowd, for appellant.

Alex. Bernstein, for respondent.

BY THE COURT.

Judgment was rendered against Jordan in a justice's court. Jordan appealed to the circuit court. In the circuit court the appellee in the appeal moved to dismiss the appeal, for the reason that the notice of appeal was insufficient in this (1) That it failed to describe the court in which the judgment was rendered; (2) that it failed to describe the parties; (3) that it failed to describe the judgment. The notice was of the tenor following:

"IN JUSTICE'S COURT FOR COUCH PRECINCT.

"William Neppach, Plaintiff, v. W.P. Jordan, Defendant.

"NOTICE OF APPEAL--CIVIL ACTION.

"To William Neppach, and Chas. H. Hewett, your Attorney Please take notice that the defendant in the above-entitled action appeals from the judgment rendered and entered therein on the fifth day of June, A.D. 1885, in favor of the said plaintiff and against the said defendant, for the possession of the premises described in the complaint herein, and costs and disbursements, and from the whole of such judgment, to the circuit court of the state of Oregon, for the county of Multnomah.

"E.O. DOWD, Atty. for Defendant."

The notice of appeal must be directed to the adverse party, and must inform him that the appellant appeals from the judgment. As the notice is a species of judicial process, (JACOBS, J in Driver v. McAllister, 1 Wash.T. 368,) whose sufficiency must appear to the court on its face, the question whether the notice is sufficient to give the appellee actual knowledge of the intention of the appellant to appeal cannot be gone into. The court must be able to identify the judgment from the notice. Can it do so in this case? Evidently so. A judgment is sufficiently described when the court in which it is rendered is given, the names of the parties to the judgment, the date of the judgment, and for what it was rendered. Lewis v. Lewis, 4 Or. 209. This notice gives the court, the names of the parties, the date, and that the judgment was for the possession of the premises described in the complaint. It was not necessary to give a description of the premises in the notice itself. That is certain which can be made certain by reference to some paper in the case of which the court can take judicial notice. It is asserted as a fact that...