Schirott v. Phillippi
Oregon Supreme Court
Appeal from Multnomah County. Plaintiffs, in a civil action, in a justice’s court, against one Morst, had procured his arrest. Respondents here, defendants below, executed an undertaking, and procured the discharge of Morst from arrest. After judgment against Morst, and after execution against his property and a return of none found, an execution was issued against his person, which was returned not served, as Morst had left the state.
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Appeal from Multnomah County. Plaintiffs, in a civil action, in a justice’s court, against one Morst, had procured his arrest. Respondents here, defendants below, executed an undertaking, and procured the discharge of Morst from arrest. After judgment against Morst, and after execution against his property and a return of none found, an execution was issued against his person, which was returned not served, as Morst had left the state. On the twenty-fourth of March, 1869, appellants brought an action against the respondents on the undertaking, and on the twenty-sixth day of April, 1869, the…
1Opinion of the Court
"Wilson, J.
l'n dismissing the writ below, that court seems to have decided these propositions, that appeal and *486review were not concurrent remedies, that when an appeal could be taken a review would not be allowed, that after the time for taking an appeal had expired, when it might have been made available, it would be too late for a party to resort to a review.
By section 572, p. 294, of the Code, the writ, heretofore known as the writ of certiorari, is known in this code as the writ of review, and the next section declares “that any party to any process or proceeding before or by any inferior…
2Cited by10 opinions
- Bechtold v. WilsonOregon Supreme Court · 1947
- School District No. 68 v. HoskinsOregon Supreme Court · 1952
- Asher v. PitchfordOregon Supreme Court · 1941
- Ramsey v. PettengillOregon Supreme Court · 1886
- Pasewalk v. BollmanNebraska Supreme Court · 1890
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