ORS 53.110
Dismissal of appeal

  • judgment on dismissal or after trial
  • judgment against sureties
The appellate court may dismiss an appeal from a justice court if it is not properly taken and perfected. When an appeal is dismissed the appellate court must give judgment as it was given in the court below, and against the appellant for the costs and disbursements of the appeal. When judgment is given in the appellate court against the appellant, either with or without the trial of the action, it must also be given against the sureties in the undertaking of the appellant, according to its nature and effect.

Source: Section 53.110 — Dismissal of appeal; judgment on dismissal or after trial; judgment against sureties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors053.­html.

Notes of Decisions

This section requires the circuit court to enter a judgment against appellant and his surety in cases in which appeals from justice courts or district courts are dismissed for want of prosecution after the filing of an undertaking on the appeal. Hollinger v. Blair/Dickson, 270 Or 46, 526 P2d 1015 (1974)

Green check means up to date. Up to date

Current through early 2024

§ 53.110’s source at oregon​.gov