State v. Zingsem
Oregon Supreme Court
Appeal from Clackamas County. The appellant, on July 17, 1878, was convicted in the justice’s court for Oregon city precinct, in Clackamas county, of the crime of selling liquor to a minor, and sentenced to pay a fine of one hundred dollars and costs, from which he appealed to the circuit court of said county, and on the same day filed his undertaking on appeal with Jacob Madder, W. W. Myers and Nicholas Webber, as sureties.
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Appeal from Clackamas County. The appellant, on July 17, 1878, was convicted in the justice’s court for Oregon city precinct, in Clackamas county, of the crime of selling liquor to a minor, and sentenced to pay a fine of one hundred dollars and costs, from which he appealed to the circuit court of said county, and on the same day filed his undertaking on appeal with Jacob Madder, W. W. Myers and Nicholas Webber, as sureties. There was no allowance of the appeal by the justice. On the twentieth of the same month the appellant filed his notice of appeal in the circuit court, but failed to file…
1Opinion of the Court
By the Court,
Prim, J.:
The only material question arising in this case is one of jurisdiction. The only theory upon which the judgment of the circuit court could be upheld is that Zingsem had taken and perfected an appeal from the judgment which had been rendered against him in the justice’s court. If it were a mere attempt on his part to appeal, which was never perfected, the circuit court acquired no jurisdiction thereby to render a judgment either for or against Zingsem or his sureties in his undertaking of bail.
From the transcript and papers sent up here we find that on July 17, 1878, a…
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