Wallowa County v. Oakes
Oregon Supreme Court
From Wallowa: Bobert Eakin, Judge. Statement by Mr. Justice Moore. This is a special proceeding to review the action of an inferior court.
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From Wallowa: Bobert Eakin, Judge. Statement by Mr. Justice Moore. This is a special proceeding to review the action of an inferior court. The facts are that an information having been filed with the defendant H. E. Oakes, as a magistrate, who was then a justice of the peace of Wallowa County, charging the commission of the crime of libel, the person accused was apprehended, and brought before him, and, after hearing the proof, he concluded that the evidence produced was insufficient to sustain the charge, and released the prisoner. The warrant of arrest, depositions, and memoranda made at…
1Opinion of the CourtChief Justice Moore
1. It is contended by appellant’s counsel that no fees are prescribed by statute for the performance of any service by a judicial officer acting as a magistrate, and, this being so, Oakes’s claim therefor, when rejected by the county court, could not be made the basis of an action against the county, for which reason the trial court erred in not setting aside the judgment of the justice’s court and in dismissing the writ of review. The rule is universal that the right of an officer to recover fees for the performance of a duty enjoined by law must be found in the act conferring it: Jackson v.…
2Cases cited9 opinions
- Grant County v. Lake CountyOregon Supreme Court · 1889
- State v. Baker CountyOregon Supreme Court · 1893
- Crossen v. Wasco CountyOregon Supreme Court · 1882
- Pugh v. GoodOregon Supreme Court · 1890
- Metschan v. Grant CountyOregon Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mackenzie v. Douglas CountyOregon Supreme Court · 1916
- Creason v. Douglas CountyOregon Supreme Court · 1917
- Oregon City v. Clackamas CountyOregon Supreme Court · 1926
- West v. Marion CountyOregon Supreme Court · 1920
- Bridges v. Multnomah CountyOregon Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.