Pickard v. Marsh
Oregon Supreme Court
From Sherman: David R. Parker, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding brought to the circuit court by petition for review by George W. Pickard' and H. Laughter, copartners doing business under the firm name of Pickard & Laughter, against J. Marsh, justice of the peace and George N. Crossfield. The only errors relied upon relate to the attachment of personal property and the order for the sale thereof.
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From Sherman: David R. Parker, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding brought to the circuit court by petition for review by George W. Pickard' and H. Laughter, copartners doing business under the firm name of Pickard & Laughter, against J. Marsh, justice of the peace and George N. Crossfield. The only errors relied upon relate to the attachment of personal property and the order for the sale thereof. When the action was commenced the justice indorsed on the summons an appointment of a special constable to serve the papers, as follows: “I hereby appoint C. M. Brock…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1-3. By Section 2518, L. O. L., it is provided that “whenever it appears to the justice that any process or order authorized to be issued or made by this act will not be served for want of an officer, such justice may appoint any suitable person not being a party to the action to serve the same; such an appointment may be made by an indorsement on the process or order.” A justice -is powerless to appoint a special constable except in a case provided by statute. The statute has provided the officers by whom process shall be served. However, it contemplates…
2Cases cited11 opinions
- McClane v. RogersTexas Supreme Court · 1874
- Murdock v. HillyerMissouri Court of Appeals · 1891
- Simms v. SimmsCourt of Appeals of Kentucky · 1889
- Skinner v. Board of County CommissionersSupreme Court of Kansas · 1901
- William F. Dolan & Co. v. ToppingSupreme Court of Kansas · 1893
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