Craig v. Mosier
Oregon Supreme Court
Appeal from Marion County. Craig sued Hosier on an account for thirty-eight dollars. The action was brought before C. N. Terry, recorder of the city of Salem, county of Harion, and ex officio justice of the peace. Craig resides within the city of Salem, Hosier within the precinct of Abiqua, in the same county. Service was executed by Wiley Chapman, as city marshal and constable. Defendant made default, and judgment was rendered for Craig for thirty-eight dollars.
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Appeal from Marion County. Craig sued Hosier on an account for thirty-eight dollars. The action was brought before C. N. Terry, recorder of the city of Salem, county of Harion, and ex officio justice of the peace. Craig resides within the city of Salem, Hosier within the precinct of Abiqua, in the same county. Service was executed by Wiley Chapman, as city marshal and constable. Defendant made default, and judgment was rendered for Craig for thirty-eight dollars. Defendant then sued out a writ of review, and in the Circuit Court obtained a reversal of that judgment, and Craig, plaintiff…
1Opinion of the CourtWilson, J.
This court has decided in the ease of Ryan v. Harris, 1866, that the legislative assembly could rightfully make the recorder of a city a justice of the peace within the city limits and the only question presented here is, did such creation place him within the general provisions of law relating to justices of the peace, and give him as ample jurisdiction ? By Statute, amended section 883, Laws of 1865, page 40, except for the recovery of a penalty or forfeiture, “ the jurisdiction of a Justice’s Court does not depend upon where the cause of action arose, provided, that the plaintiff or…
2Cited by3 opinions
- Clemmensen v. PetersonOregon Supreme Court · 1899
- Grayson v. StateOregon Supreme Court · 1968
- Taylor v. JenkinsOregon Supreme Court · 1884