Washburn v. Interstate Inv. Co.

Decision Date23 April 1894
Citation36 P. 533,26 Or. 436
PartiesWASHBURN v. INTERSTATE INVEST CO.
CourtOregon Supreme Court

Appeal from circuit court, Multnomah county.

Action by A.K. Washburn against the Interstate Investment Company, in which defendant appealed from a judgment in favor of plaintiff. Plaintiff moves to dismiss the appeal. Motion denied. Defendant moves for leave to complete transcript. Motion granted.

C.M. Idleman, for appellant.

R.T. Platt, for respondent.

PER CURIAM.

Where, on a motion to dismiss an appeal because the bill of exceptions was not filed within the time provided by law in which to file a transcript, it appears that such bill was prepared and submitted to the trial judge for allowance within the time allowed by the court below, and before the expiration of the time in which to file a transcript on appeal, but was not settled and signed until after such time had expired, held that the motion to dismiss should be overruled, and the cross motion for leave to complete the transcript allowed.

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