McAnish v. Grant
Oregon Supreme Court
From Union: Robert Eakin, Judge. This is a special proceeding by Stewart McAnish against William Grant to review the judgment of an inferior court.
Read the full summary
From Union: Robert Eakin, Judge. This is a special proceeding by Stewart McAnish against William Grant to review the judgment of an inferior court. The transcript shows that on April 21. 1903, the plaintiff commenced an action in a justice’s court of Union County, alleging that the defendant Earnest Schreckler was in the possession of certain real property in that county, which he unlawfully held with force, and that plaintiff was entitled to the possession thereof, but Schreckler refused to deliver the same to him. The answer denied the material allegations of the complaint, and for a…
1Opinion of the CourtChief Justice Moore
The plaintiff’s counsel insist that no provision is made by statute whereby a landlord can appeal from an erroneous judgment rendered against him in a justice’s court in an action of forcible entry or unlawful detainer, and, as a writ of review is the only remedy by which such a judgment can be corrected, an error was committed by the trial court in dismissing the proceedings. It is maintained by defendant’s counsel, however, that the writ of review, in this State, is substantially the same as the common-law writ of certiorari; that proceedings of this char*61acter were not designed to correct…
2Cases cited11 opinions
- Smith v. City of PortlandOregon Supreme Court · 1894
- Fanning v. GillilandOregon Supreme Court · 1900
- Garnsey v. County CourtOregon Supreme Court · 1898
- Dayton v. Board of EqualizationOregon Supreme Court · 1897
- Kirkwood v. Washington CountyOregon Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bechtold v. WilsonOregon Supreme Court · 1947
- Asher v. PitchfordOregon Supreme Court · 1941
- Clubine v. City of MerrillOregon Supreme Court · 1917
- Farrow v. NevinOregon Supreme Court · 1904
- Elmore Packing Co. v. Tillamook CountyOregon Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.