U.S. Inv. Corp. v. Portland Hospital

• Decision Date: 15 April 1901
• Citation: 64 P. 644,40 Or. 523
• Parties: UNITED STATES INV. CORP., Limited, et al. v. PORTLAND HOSPITAL et al.
• Court: Oregon Supreme Court

64 P. 644

40 Or. 523

UNITED STATES INV. CORP., Limited, et al. v. PORTLAND HOSPITAL et al.

Supreme Court of Oregon

April 15, 1901

Appeal from circuit court, Multnomah county.

Action by United States Investment Corporation, Limited, a corporation, and another, against the Portland Hospital and others. On motion to dismiss appeal. Motion denied.

Chamberlain & Thomas, for the motion.

W.T. Masters and A. King Wilson, opposed.

BEAN, C.J.

This is a motion to dismiss the appeal because notice thereof was not served upon the Portland Hospital, E.H. Habighorst, trustee, J. Benson Starr, and Charles H. Chance, whose interests, it is contended, are adverse to the appellants'. These parties did not appear in the court below, but made default. Prior to the amendment of section 537, Hill's Ann.Laws (Sess.Laws 1899, p. 228), the statute required the notice of appeal to be served on all parties whose interests in relation to the judgment or decree appealed from were in conflict with the reversal or modification sought, notwithstanding such parties may have been in default. Moody v. Miller, 24 Or. 179, 33 P. 402; Jackson Co. v. Bloomer, 28 Or. 110, 41 P. 930. But the section as amended provides that, if the appeal is not taken at the time the judgment is rendered, it may be taken within a specified time thereafter, by serving a notice thereof on such adverse party or parties as have appeared in the action or suit. The manifest purpose of this change in the law was, as its language clearly indicates, to require the notice of appeal to be served only upon the parties who had appeared, and to dispense with the necessity of serving those who were in default. There could have been no other reason for the amendment. The motion to dismiss is therefore overruled.