Legal Opinion

Ryan v. Harris

Oregon Supreme Court

Decided September 15, 1866PublishedCited by 5 opinions

Appeal from Multnomah County. On the 6th. day of October, 1865, Ryan sued Harris, in a civil action, before J. J. Hoffinan, recorder of the city of Portland, and ex officio justice of the peace. Summons and service was duly made, and defendant failing to appear and answer on the day fixed for trial, the plaintiff had judgment, for failure to answer, against defendant for $98.50. From that judgment defendant appealed to the Circuit Court.

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Appeal from Multnomah County. On the 6th. day of October, 1865, Ryan sued Harris, in a civil action, before J. J. Hoffinan, recorder of the city of Portland, and ex officio justice of the peace. Summons and service was duly made, and defendant failing to appear and answer on the day fixed for trial, the plaintiff had judgment, for failure to answer, against defendant for $98.50. From that judgment defendant appealed to the Circuit Court. At the November term, 1865, of that court, the respondent moved to dismiss the appeal on the ground that such appeal was improper. After argument, the…

1Opinion of the CourtWilson, J.

This case develops but two questions: Was the recorder of the city of Portland an officer properly exercising the power of a justice of the peace in taking jurisdiction over civil causes? and, was the judgment below one admitting of an appeal ? Upon the former inquiry references are made to the Constitution of Oregon. Article 4, subdivision 1, section 23, reads thus: “The legislative assembly shall not pass special or local laws in any of the following enumerated cases, that is to say: 1. Regulating the jurisdiction and duties of justices of the peace and constablesand, article 7, section 1,…

2Cited by5 opinions

  1. State Ex Rel. Overhulse v. ApplingOregon Supreme Court · 1961
  2. Clemmensen v. PetersonOregon Supreme Court · 1899
  3. Grayson v. StateOregon Supreme Court · 1968
  4. Multnomah County v. AdamsOregon Supreme Court · 1876
  5. State Ex Rel. Overhulse v. ApplingOregon Supreme Court · 1961

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