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MOBERG ET AL v. BAKER ET UX

217 Or. 551 (1959)

307 P.2d 759

342 P.2d 828

MOBERG ET AL v. BAKER ET UX

Supreme Court of Oregon.

Affirmed August 11, 1959.

Motion to dismiss denied March 6, 1957.

Attorney(s) appearing for the Case

Koerner, Young, McColloch & Dezendorf, Portland, for the motion.

William C. Ralston, Portland, contra.

Wm. C. Ralston, Portland, argued the cause and submitted a brief for appellants.

James C. Dezendorf, Portland, argued the cause for respondents. With him on the brief were Herbert H. Anderson, Marshall C. Cheney, Jr., and Koerner, Young, McColloch & Dezendorf, Portland.

Before LUSK, Presiding Justice, and SLOAN, O'CONNELL and MILLARD, Justices.

MOTION DENIED.

PER CURIAM.

The respondents have moved for an order dismissing the appeal and affirming the judgment on the ground that the appellants failed to file the short transcript on appeal within the time prescribed by ORS 19.070.

1. The appeal was perfected January 5, 1957. The statute allows 30 days after the appeal is perfected in which to file a transcript with this court, but under Subdivision 3 of ORS 19.070, "The trial court or the judge...

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