State v. Officer
Oregon Supreme Court
Appeal from Clackamas County. At the October Term, 1870, of tbe Circuit Court for Clackamas County, the appellant, Officer, was tried and convicted on an indictment charging him with having obstructed a public highway in said county. On the trial of the cause the State, to maintain the charge preferred, offered in evidence the record of the County Court appointing viewers to lay out the county road, for obstructing which appellant was indicted.
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Appeal from Clackamas County. At the October Term, 1870, of tbe Circuit Court for Clackamas County, the appellant, Officer, was tried and convicted on an indictment charging him with having obstructed a public highway in said county. On the trial of the cause the State, to maintain the charge preferred, offered in evidence the record of the County Court appointing viewers to lay out the county road, for obstructing which appellant was indicted. This record, so far as it refers to the proof of the posting of notices of the application for the location of the road, reads: “The necessary bond…
1Opinion of the Court
By the Court,
Bonham, J.:
The question to be determined in this case is, whether the record of the County Court above referred to shows the necessary jurisdictional facts to entitle it to be read in evidence for the purpose for which it was introduced, to wit: to show that the road charged to have been obstructed was a legally established public highway.
Section 8 of Chapter 50,- Miscellaneous Laws, reads:
“When any petition shall be presented fon the action of the County Court for laying out, alteration or vacation of any county road it shall be accompanied by satisfactory proof that notice .has…
2Cases cited1 opinion
- Hahn v. KellyCalifornia Supreme Court · 1868
3Cited by16 opinions
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Monastes v. CatlinOregon Supreme Court · 1876
- Bewley v. GravesOregon Supreme Court · 1889
- Northern Pacific Terminal Co. v. City of PortlandOregon Supreme Court · 1886
- Nyman v. City of EugeneOregon Supreme Court · 1979
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