Legal Opinion

Clubine v. City of Merrill

Oregon Supreme Court

Decided February 20, 1917PublishedCited by 11 opinions

From Klamath: George Noland, Judge. Department 2. Statement by Mr. Chief Justice McBride. The plaintiff, A. F. Clubine, was arrested and brought before the recorder of the City of Merrill upon a complaint which reads as follows: “A. F. Clubine is accused by this complaint of the crime of selling intoxicating liquor on election day committed as follows: The said A. F. Clubine on tbe third day of November, 1914, in the City of Merrill and State of Oregon, did willfully and…

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From Klamath: George Noland, Judge. Department 2. Statement by Mr. Chief Justice McBride. The plaintiff, A. F. Clubine, was arrested and brought before the recorder of the City of Merrill upon a complaint which reads as follows: “A. F. Clubine is accused by this complaint of the crime of selling intoxicating liquor on election day committed as follows: The said A. F. Clubine on tbe third day of November, 1914, in the City of Merrill and State of Oregon, did willfully and unlawfully sell and dispose of intoxicating liquor and open his saloon for the purpose of such sale on the third day of…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

1, 2, There is nothing in the record here to indicate that the appeal which petitioner initiated in the criminal proceeding was ever perfected. If it were, he could not review the proceeding while the appeal was pending. While review and appeal are concurrent remedies, a party cannot exercise both at the same time: Forbis v. Inman, 23 Or. 68 (31 Pac. 204); Feller v. Feller, 40 Or. 73 (66 Pac. 468); McAnish v. Grant, 44 Or. 57 (74 Pac. 396). If the appeal were pending, review would not lie. If no appeal were pending, the court had a right to vacate its…

2Cases cited5 opinions

  1. Chapman v. FloydSupreme Court of Georgia · 1882
  2. Forbis v. InmanOregon Supreme Court · 1892
  3. McAnish v. GrantOregon Supreme Court · 1903
  4. Feller v. FellerOregon Supreme Court · 1901
  5. Mahon v. San Rafael Turnpike Rd. Co.California Supreme Court · 1874

3Cited by11 opinions

  1. Bechtold v. WilsonOregon Supreme Court · 1947
  2. Asher v. PitchfordOregon Supreme Court · 1941
  3. Mitchell v. Oregon, Washington Credit & Collection Bureau, Inc.Oregon Supreme Court · 1950
  4. State v. StoesserSuperior Court of Delaware · 1962
  5. Miller v. BeneckeNorth Dakota Supreme Court · 1927

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