Walters v. Dock Commission of City of Portland

• Decision Date: 13 April 1926
• Citation: Walters v. Dock Commission of City of Portland, 126 Or. 487, 245 P. 1117 (Or. 1926)
• Parties: RUTH W. WALTERS AND ALISON RUTH WALTERS, A MINOR, BY RUTH W. WALTERS, HER GUARDIAN AD LITEM, RESPONDENTS, v. DOCK COMMISSION OF THE CITY OF PORTLAND, A MUNICIPAL CORPORATION, APPELLANT.
• Court: Oregon Supreme Court

245 P. 1117

126 Or. 487

RUTH W. WALTERS AND ALISON RUTH WALTERS, A MINOR, BY RUTH W. WALTERS, HER GUARDIAN AD LITEM, RESPONDENTS, v. DOCK COMMISSION OF THE CITY OF PORTLAND, A MUNICIPAL CORPORATION, APPELLANT.

Supreme Court of Oregon, En Banc.

April 13, 1926

Appeal from Circuit Court, Multnomah County; C. H. McColloch, Judge.

On motion to dismiss appeal. Denied.

W. P. La Roche, J. B. Ofner, and Lonergan & Wagner all of Portland, for appellant.

Arthur I. Moulton and William P. Lord, both of Portland, for respondents.

McBRIDE C.J.

This is a motion to dismiss an appeal for the alleged reason that the transcript was not filed within the time required by law. The transcript, now on file, indicates that an undertaking on appeal was filed June 17th. No objection being made thereto the appeal was perfected on June 22d. Appellant then had 30 days to file its transcript, which time would have expired on July 22d. The record further shows that on July 8th an order was made allowing 20 days' additional time within which to file the transcript, which, taken in connection with the time already granted, would have carried the right to file the transcript to August 11th; that on July 27th an order was made granting 30 days' additional time in which to file the transcript, and that on August 27, 1925 an order was duly granted...