Drummond v. Miami Lumber Co.
Oregon Supreme Court
From Tillamook: WILLIAM GALLOWAY, Judge. This is an appeal by the Miami Lumber Company, from an order sustaining a writ of review to review the action of a justice of the peace in an action by J. O. Drummond against appellants.
1Opinion of the CourtJustice King
This is an appeal from an order of the circuit court of Tillamook County, sustaining a writ of review from a justice court therein.
1. As authoritatively settled in this State, it is essential to the availability of a proceeding by writ of review that the petition state facts sufficient to authorize the issuance of the writ, the inadequacy of which statement is fatal to the proceeding. This makes it necessary, in the case before us, to examine only the petition presented by the record, the competency of which is assailed by proper motion.
2. Giving to the petition the full effect of the facts…
2Cases cited3 opinions
- Holmes v. ColeOregon Supreme Court · 1908
- Raper v. DunnOregon Supreme Court · 1909
- Elmore Packing Co. v. Tillamook CountyOregon Supreme Court · 1909
3Cited by5 opinions
- State ex rel. Examining & Trial Board v. JacksonMontana Supreme Court · 1920
- Hochfeld v. PortlandOregon Supreme Court · 1914
- Oregon City v. Clackamas CountyOregon Supreme Court · 1926
- Davin Land Co. v. School District No. 71Oregon Supreme Court · 1915
- Gruetzke v. City of GreshamCourt of Appeals of Oregon · 1991