Evans v. Christian
Oregon Supreme Court
Appeal from Lane County. Christian, the appellant, sued Evans, the respondent, before a Justice of the Peace in and for Lane County, to recover the value of a horse; and after issue joined and trial had, obtained judgment against Evans for one hundred and sixteen dollars and costs, which judgment was docketed on the 6th day of September, 1873. On the 20th day of September, 1873, Evans sued out a writ of review in the Circuit Court for Lane County, assigning error upon the…
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Appeal from Lane County. Christian, the appellant, sued Evans, the respondent, before a Justice of the Peace in and for Lane County, to recover the value of a horse; and after issue joined and trial had, obtained judgment against Evans for one hundred and sixteen dollars and costs, which judgment was docketed on the 6th day of September, 1873. On the 20th day of September, 1873, Evans sued out a writ of review in the Circuit Court for Lane County, assigning error upon the record occurring at the trial of said cause before said Justice of the Peace. Upon the trial in the Circuit Court on said…
1Opinion of the Court
By the Court,
Bonham, J.:
For the purposes of this case we only deem it necessary to consider the third ground of error assigned; and we *376only consider that so far as it involves the question of the jurisdiction of the Court below to grant a writ of review in a case like this, where the right of appeal existed at the time the writ was granted.
An appeal from the Justice’s judgment in this case might have been taken to the Circuit Court within thirty days from the date of its rendition. The judgment was rendered on the 6th day of September, 1873, and the writ of review was sued out on the 20th day…
2Cases cited2 opinions
- Miliken v. HuberCalifornia Supreme Court · 1862
- People ex rel. Sturgis v. ShepardCalifornia Supreme Court · 1865
3Cited by28 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- White v. LaddOregon Supreme Court · 1902
- Bechtold v. WilsonOregon Supreme Court · 1947
- Maxwell v. FrazierOregon Supreme Court · 1908
- State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
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