Osborn v. Logus

• Decision Date: 30 July 1894
• Citation: 28 Or. 302,37 P. 456
• Parties: OSBORN v. LOGUS.
• Court: Oregon Supreme Court

37 P. 456

28 Or. 302

OSBORN v. LOGUS.

Supreme Court of Oregon

July 30, 1894

Appeal from circuit court, Multnomah county; Loyal B. Stearns, Judge.

Action by T.F. Osborn against Charles Logus to foreclose a mechanic's lien. From a judgment dismissing his complaint, plaintiff appeals. Dismissed.

Wallace McCamant, for appellant.

J.H. Hall, for respondent.

PER CURIAM.

This is a motion to dismiss an appeal. A decree having been rendered, dismissing plaintiff's complaint, in a suit to foreclose a mechanic's lien, wherein like liens of other claimants upon the same property were foreclosed, the plaintiff attempted to appeal by serving the notice thereof upon the owner of such property only. Appeals are taken by causing a notice to be served upon the adverse party, and filing the original, with proof of service indorsed thereon, with the clerk. Hill's Code, § 537. An adverse party is one whose interests in relation to the judgment or decree appealed from are in conflict with the modification o reversal sought by the appeal. The Victorian (Or.) 32 P. 1040. ilton v. Blair,

23 Or. 64, 31 P. 197; Moody v. Miller (Or.) 33 P. 402. And, plaintiff having failed to serve the other lien claimants with such notice, the appeal must be dismissed.