Sellers v. City of Corvallis
Oregon Supreme Court
Appeal from Benton County. On the 27th day of August, 1873, Sellers, the respondent, at the suit of the city of Corvallis, was fined in the sum of twenty-five dollars and costs for the violation of a city ordinance prohibiting the disposal of spirituous or malt liquors, in a tippling-house or bar-room, later in the evening than ten o’clock.
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Appeal from Benton County. On the 27th day of August, 1873, Sellers, the respondent, at the suit of the city of Corvallis, was fined in the sum of twenty-five dollars and costs for the violation of a city ordinance prohibiting the disposal of spirituous or malt liquors, in a tippling-house or bar-room, later in the evening than ten o’clock. On the 30th day of August, 1873, Sellers sued out a writ of review, in the Circuit Court for Benton County, to set aside and reverse the judgment of the city recorder in imposing said fine. In the Circuit Court, counsel for the city moved to dismiss said…
1Opinion of the Court
By the Court,
Bonham, C. J.:
It is claimed by counsel for respondent that there is no express authority anywhere given to appeal from the judgments of the recorder of the city of Corvallis, and that § 8 of the charter of said city does not confer the right, and, therefore, the only remedy is by writ of review. If counsel for respondent is correct in this position, then the writ was properly granted in this case.
But we think this position of counsel is untenable. It is declared in § 8 of the charter of the city of Corvallis, *275that “the recorder shall have jurisdiction over all violations of city…
2Cases cited2 opinions
- Evans v. ChristianOregon Supreme Court · 1873
- Schirott v. PhillippiOregon Supreme Court · 1869
3Cited by6 opinions
- Paulson v. City of PortlandOregon Supreme Court · 1888
- School District v. IrwinOregon Supreme Court · 1899
- Barton v. La GrandeOregon Supreme Court · 1889
- City of Corvallis v. StockOregon Supreme Court · 1885
- City of Portland v. McSparranOregon Supreme Court · 1942
1 more not listed; retrieve them via the Exa API.