BERLINER AND SCHNITZER v. ROBERTS


226 Or. 350 (1961)

349 P.2d 498

360 P.2d 533

BERLINER AND SCHNITZER v. ROBERTS

Supreme Court of Oregon.

Motion to dismiss denied February 17, 1960.

Affirmed as modified March 8, 1961.


Attorney(s) appearing for the Case

Morgan S. Pritchett and Graham Walker, Portland, for the motion.

Reiter, Day & Anderson, Portland, contra.


ON MOTION TO DISMISS

MOTION DENIED.

LUSK, J.

The respondent has moved to dismiss the appeal on the ground that the notice of appeal was not served within the time provided by statute. The judgment from which the appeal was taken was entered December 1, 1959, and notice of appeal was served on the respondent on January 12, 1960, and filed with the clerk of the trial court on January 13, 1960.

1. Formerly a party had sixty days from the entry...

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