Ream v. Howard

• Decision Date: 21 October 1890
• Citation: 19 Or. 491,24 P. 913
• Parties: REAM v. HOWARD.
• Court: Oregon Supreme Court

24 P. 913

19 Or. 491

REAM v. HOWARD.

Supreme Court of Oregon

October 21, 1890

Appeal from circuit court, Multnomah county; E.D. SHATTUCK, Judge.

This action was originally commenced in the justice's court of East Portland, where the plaintiff had judgment from which an appeal was taken to the circuit court. Upon respondent's motion, the appeal was dismissed, on the ground of the insufficiency of the notice, from which last-named judgment this appeal was taken. The verdict and judgment in the justice's court are as follows: "In justice's court for East Portland precinct, Multnomah county, Oregon. W.P. Ream, Plff., vs. J.F. Howard, Deft. We, the jury in the above-entitled action, find for the plaintiff for the goods and chattels described in the complaint, or, if return cannot be had, for the value, to-wit, $80, and $31 damages for the detention and withholding of the same from plaintiff. WASH F. ALLEN. S.F. WISHARD. R. MERRICK. W.H.H. GRANT. JAMES POWELL. It is therefore ordered that the defendant deliver to plaintiff the goods and chattels named in the complaint, and the sum of $31 damages for the detention of goods, and the costs and disbursements taxed at--Justice's fees, $7.90 constable, $8.45; witnesses, $11.60; notary fees, $3; and that execution issue therefor." The notice of appeal is as follows: "In justice's court for East Portland precinct, state of Oregon, county of Multnomah--ss.: W.P Ream, Plaintiff, vs. J.E. Howard, Defendant. Notice of appeal. Civil action. To W.P. Ream, and to Messrs. Doud &amp McCoy, his attorneys: Please take notice that the defendant in the above-entitled action appeals from the judgment rendered therein, on the 11th day of April, A.D.1890, in favor of the said plaintiff, and against the said defendant for the sum of one hundred and forty-one dollars and ninety-five cents, and costs, and from the whole of said judgment, to the circuit court of the state of Oregon, for the county of Multnomah. C.J. MCDOUGALL, Attorney for Defendant."

(Syllabus by the Court.)

A notice of appeal which describes a judgment for the recovery of a specific sum of money is not sufficient to bring into the appellate court a judgment in an action for the recovery of specific personal property.

A notice of appeal which gives the name of the court and of the parties to the action, the date of the judgment, without any other description, and informs or makes known to the respondent that the...