Holmes v. Cole
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is an appeal from an order of the circuit court dismissing a writ of review, for the reason that the petition does not state facts sufficient to warrant the issuance of the writ.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is an appeal from an order of the circuit court dismissing a writ of review, for the reason that the petition does not state facts sufficient to warrant the issuance of the writ. The petition for the writ recites that the administration of the estate of Levi Bartmess was pending in the county court in the State of Oregon for Marion County, the estate being valued at $5,500, that there are two heirs—Harvey H. Co'le and James T. Cole —and that the latter could not be found nor his place of residence ascertained. On the…
1Opinion of the CourtJustice Eakin
1. The only ruling made by the circuit court was upon the motion to dismiss or quash the writ. The appeal has been argued here by both parties upon the merits as well as upon the motion, but we can consider no question not passed on by the lower court.
2. We are first met by the question whether the petition for the writ alleges sufficient facts to disclose error *486and justify the issuance of the writ. B. & C. Comp. § 596, provides that the writ shall be allowed by the court of the county wherein the decision or determination sought to be reviewed was made, upon the petition of the plaintiff…
2Cases cited9 opinions
- Garnsey v. County CourtOregon Supreme Court · 1898
- Dayton v. Board of EqualizationOregon Supreme Court · 1897
- Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
- Ferguson v. ByersOregon Supreme Court · 1902
- Fisher v. Union CountyOregon Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sustar v. County CourtOregon Supreme Court · 1921
- Asher v. PitchfordOregon Supreme Court · 1941
- Hochfeld v. PortlandOregon Supreme Court · 1914
- Chapman v. RiverOregon Supreme Court · 1921
- Meury v. JarrellCourt of Appeals of Oregon · 1974
11 more not listed; retrieve them via the Exa API.