Webster v. Boyer
Oregon Supreme Court
Prom Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice McBride. This is a suit for injunction by Daniel Webster against U. G. Boyer.
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Prom Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice McBride. This is a suit for injunction by Daniel Webster against U. G. Boyer. The complaint shows that at the general election for 1912 the plaintiff was elected justice of the peace for Salem precinct, in Marion County, and still holds said office; that at the primary nominating election held in May, 1916, R. C. Wygant was nominated for justice of the peace for said precinct, and a certificate of nomination issued to him; that the defendant, the county clerk, unless restrained, will place the name of said Wygant upon the…
1Opinion of the CourtJustice McBride
1. Two questions are raised by the briefs upon this appeal: Is a Justice’s Court a “court” and is a justice of the peace a “judge” within the meaning and intent of Article VII of Sections 1 and 2 of the Constitution? We answer both questions in the affirmative. Article *487VII of Sections 1 and 2 of onr original Constitution were as follows :
“The judicial power of the state shall he vested in a Supreme Court, Circuit Courts and County Court, which shall he courts of record, having general jurisdiction, to he defined, limited and regulated by law, in accordance with this Constitution. Justices of…
2Cases cited3 opinions
- Scott v. SpiegelSupreme Court of Connecticut · 1896
- Tissier v. RheinIllinois Supreme Court · 1889
- State v. PortU.S. Circuit Court for the Northern District of Georgia · 1880
3Cited by6 opinions
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- In Re Application of BoaltOregon Supreme Court · 1927
- Fehl v. Jackson CountyOregon Supreme Court · 1945
- State Ex Inf. Moore v. FarnhamOregon Supreme Court · 1925
- STATE Ex Rel WERNMARK v. HOPKINSOregon Supreme Court · 1958
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