Hulegaard v. Garrett

1 Citing case

  1. Curry v. Pope

    513 P.2d 792 (Or. 1973)

    Defendant filed his undertaking six days after his notice of appeal, instead of five days as required by ORS 53.040. Plaintiff filed a motion to dismiss the appeal upon the ground that it was not perfected as required by ORS 53.040. In support of that motion plaintiff cited our decision in Hulegaard v. Garrett, 251 Or. 535, 446 P.2d 975 (1968). Defendant concedes that this court, in a series of six previous decisions, including Hulegaard, and extending from 1886 to 1968, has held that the filing of an undertaking within the time prescribed by ORS 53.040 is mandatory and jurisdictional and that the circuit court has no power to extend the time for filing.