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HINK v. BOWLSBY

199 Or. 238 (1953)

260 P.2d 1091

HINK ET UX. v. BOWLSBY and VADER ET AL.

Supreme Court of Oregon.

Affirmed September 10, 1953.

Attorney(s) appearing for the Case

Geo. A. Rhoten of Salem argued the cause for appellants. On the brief were Rhoten, Rhoten & Speerstra.

Jos. M. Devers of Stayton and William R. Thomas of Lebanon argued the cause for respondents. On the brief were Bell & Devers of Stayton and Morley & Thomas of Lebanon.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, TOOZE and PERRY, Justices.

AFFIRMED.

PERRY, J.

The plaintiffs filed and argued a motion in this court to dismiss this appeal for the reason that the defendants failed to file a satisfactory undertaking on appeal within the statutory period of 60 days from the rendition of the trial court's decree.

The notice of appeal, service thereof, and an undertaking on appeal were filed within the prescribed time. The original undertaking as filed...

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