Wong Sing v. Independence
Oregon Supreme Court
From Polk: William Galloway, Judge. Statement by Mr. Justice Moore. This is a special proceeding to review a judgment of an inferior court.
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From Polk: William Galloway, Judge. Statement by Mr. Justice Moore. This is a special proceeding to review a judgment of an inferior court. An accusation was filed in the Recorder’s Court of the City of Independence .against the plaintiff herein, which charge, omitting the formal parts, is as follows: “The said Wong Sing is accused by this complaint with thé crime of selling spirituous or malt liquors in the City of Independence, Oregon, committed as follows, to wit: That said Wong Sing, in the City of Independence, in Polk County, Oregon, did on the 14th day of December, 1904, and the 17th…
1Opinion of the CourtChief Justice Moore
1. It is insisted by defendant’s counsel, in support of the judgment of the circuit court, that plaintiff had a remedy by appeal from the judgment rendered against him in the recorder’s court; and, this being so, a writ of review was not the proper remedy to correct the errors alleged to have been committed. Assuming, without deciding, that a writ of review does not lie in cases-where a remedy by appeal exists, the authority relied upon as conferring the latter right will be examined. The charter reincorporating the City of Independence, filed in the office of the Secretary of State February…
2Cases cited2 opinions
- State v. HumphreysOregon Supreme Court · 1902
- State v. MondyIndiana Supreme Court · 1865
3Cited by18 opinions
- State v. LaundyOregon Supreme Court · 1922
- Anthony v. VeatchOregon Supreme Court · 1950
- State v. ShadleyCourt of Appeals of Oregon · 1973
- Stretch v. MurphyOregon Supreme Court · 1941
- State v. HydeOregon Supreme Court · 1918
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