Shaw v. Hemphill
Oregon Supreme Court
From Union: Robert Bakin, Judge. Statement by Mr. Justice Moore. This is an action of claim and delivery that was commenced in a justice’s court of North Powder District, Union County, by William Shaw against Giles Hemphill and others, and, the cause having been tried, judgment was rendered against tbe defendants as prayed for in the complaint, from which they appealed to the circuit court for that county.
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From Union: Robert Bakin, Judge. Statement by Mr. Justice Moore. This is an action of claim and delivery that was commenced in a justice’s court of North Powder District, Union County, by William Shaw against Giles Hemphill and others, and, the cause having been tried, judgment was rendered against tbe defendants as prayed for in the complaint, from which they appealed to the circuit court for that county. What purports to be a copy of the proceedings had in the justice’s court and certain papers pertaining to the case were filed with the county clerk. The plaintiff’s counsel moved to dismiss…
1Opinion of the CourtJustice Moore
The plaintiff’s counsel, in support, of the moton to dismiss the appeal, filed his affidavit to the effect that he was ■acquainted with the handwriting of A. C. Rollins, the justice of the peace before whom the action was originally tried; that what appears to be his signature to the pretended transcript was not subscribed by him nor by any person authorized to do so, but his name was thus appended by an attorney whose name is stated; that certain papers accompanying the alleged transcript are not the ones originally filed in the cause nor were ^thev ever filed; that the feigned transcript…
2Cases cited2 opinions
- Jacobs v. OrenOregon Supreme Court · 1897
- Hager v. KnappOregon Supreme Court · 1904
3Cited by3 opinions
- State v. HellesonCourt of Appeals of Oregon · 1979
- City of Astoria v. SwehlaCourt of Appeals of Oregon · 1994
- Yankey v. LawOregon Supreme Court · 1914