Legal Opinion

Holland-Washington Mortgage Co. v. County Court

Oregon Supreme Court

Decided March 9, 1920PublishedCited by 7 opinions

From Hood River: Fred W. Wilson, Judge. Department 1. On August 31,1918, the plaintiff presented a petition for a writ of review to the judge of the Circuit Court for Hood River County and obtained from him an order directing the writ to issue to the County Court of that county and Humphrey Barton, defendants, and to Kent Shoemaker, county clerk of Hood River County, in substance commanding a return of the writ into the Circuit Court on November 15, 1918, together with a…

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From Hood River: Fred W. Wilson, Judge. Department 1. On August 31,1918, the plaintiff presented a petition for a writ of review to the judge of the Circuit Court for Hood River County and obtained from him an order directing the writ to issue to the County Court of that county and Humphrey Barton, defendants, and to Kent Shoemaker, county clerk of Hood River County, in substance commanding a return of the writ into the Circuit Court on November 15, 1918, together with a certified copy of the proceedings of the County Court relating to the establishment of what is familiarly known as a road…

1Opinion of the CourtBurnett, J.

1. On the authority of Holmes v. Gole, 51 Or. 483 (94 Pac. 964), the only question for us to consider is the ruling- of the court quashing and dismissing the writ; and we cannot consider the merits of the objections to the transactions in the County Court.

Respecting the writ of review it is required that—

“The writ shall be served by delivering the original, according to the direction thereof, and may be served by any officer or person authorized to serve a summons ; and a certified copy of the writ shall be served by delivery to the opposite party in the suit or proceeding- sought to be…

2Cases cited6 opinions

  1. Holmes v. ColeOregon Supreme Court · 1908
  2. Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1889
  3. Farrow v. NevinOregon Supreme Court · 1904
  4. Atlantic & Gulf Railroad v. Jacksonville, Pensacola & Mobile RailroadSupreme Court of Georgia · 1874
  5. South Publishing Co. v. Fire Ass'n of PhiladelphiaNew York Supreme Court · 1893

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3Cited by7 opinions

  1. Dowers Farms, Inc. v. Lake CountyOregon Supreme Court · 1980
  2. Bienz v. City of DaytonCourt of Appeals of Oregon · 1977
  3. Meury v. JarrellCourt of Appeals of Oregon · 1974
  4. Northwest Environmental Defense Center v. City Council of PortlandCourt of Appeals of Oregon · 1975
  5. Kleikamp v. Board of Commissioners of Yamhill CountyCourt of Appeals of Oregon · 2019

2 more not listed; retrieve them via the Exa API.

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