Legal Opinion

In re Vinton

Oregon Supreme Court

Decided June 24, 1913PublishedCited by 14 opinions

Original proceeding in habeas corpus by William T. Vinton. Statement by Mr. Justice Burnett. It appears that tbe Circuit Court of Yamhill County on May 27, 1913, issued a writ of peremptory mandamus requiring tbe defendant, as mayor of tbe City of McMinnville, to execute on behalf of the municipality a paving contract and approve a bond given to secure tbe performance thereof.

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Original proceeding in habeas corpus by William T. Vinton. Statement by Mr. Justice Burnett. It appears that tbe Circuit Court of Yamhill County on May 27, 1913, issued a writ of peremptory mandamus requiring tbe defendant, as mayor of tbe City of McMinnville, to execute on behalf of the municipality a paving contract and approve a bond given to secure tbe performance thereof. On May 28th a motion for a new trial of tbe mandamus proceeding was overruled, and tbe defendant on that date gave and filed bis notice of appeal to this court from the order directing tbe writ to issue. On tbe…

1Opinion of the CourtJustice Burnett

The question to be determined is whether the defendant is legally deprived of his liberty, for the rule is that “if it appear on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before him, authorized by law, such prisoner shall only be dis*425charged in one of the following cases: (1) "When the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum or person. * * (4) "When the order or process, though in proper form, has been issued in…

2Cases cited1 opinion

  1. Anderson v. PhegleyOregon Supreme Court · 1909

3Cited by14 opinions

  1. State Ex Rel. Newman v. City of LaramieWyoming Supreme Court · 1929
  2. Buell v. Jefferson County CourtOregon Supreme Court · 1944
  3. Beard v. BeardOregon Supreme Court · 1913
  4. Helms Groover & Dubber Co. v. CopenhagenOregon Supreme Court · 1919
  5. Bestel v. BestelOregon Supreme Court · 1936

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