Johns v. Marion County
Oregon Supreme Court
Appeal from Marion County. The appeal is from a judgment of the Circuit Court dismissing a writ of review and affirming the action of the County Court of Marion County in the matter of a petition for an alteration of a road.
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Appeal from Marion County. The appeal is from a judgment of the Circuit Court dismissing a writ of review and affirming the action of the County Court of Marion County in the matter of a petition for an alteration of a road. It appears from the return made in obedience to the writ of review, that on the 9th of March, 1870, a petition, signed by twelve persons, was filed in the County Court, the petition being in the following form: “To the Honorable County Court of Marion County, Oregon: “ The undersigned, your petitioners, would respectfully request your honorable body to take such steps as…
1Opinion of the Court
By the Court,
Upton, J.:
This case was presented in the Circuit Court by a petition for a writ of review. The transcript presents the petition, the writ .and the return made by the clerk of the County Court.
The respondent makes a point of objection to reviewing •the proceedings of the Circuit Court; that there is no statement of the case or bill of exceptions; that the return to the writ is evidence and not a pleading, and consequently cannot be regularly embodied in the transcript, unless in the form of a statement or bill of exceptions.
The return of an officer, properly made in obedience to a…
2Cases cited3 opinions
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Staples v. . FairchildNew York Court of Appeals · 1849
- People v. VermilyeaNew York Supreme Court · 1827
3Cited by19 opinions
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- Monastes v. CatlinOregon Supreme Court · 1876
- Bewley v. GravesOregon Supreme Court · 1889
- Woodruff v. County of DouglasOregon Supreme Court · 1889
- Canyonville & Galesville Road Co. v. County of DouglasOregon Supreme Court · 1874
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