Adams v. Kelly
Oregon Supreme Court
From Baker: Robert Eakin, Judge. This is a proceeding by a writ of review instituted in the circuit court by E. Adams against W. H. Kelly and others to review certain proceedings had before Kelly, who, it is alleged, assumed to act as justice of the peace in and for Greenhorn City Justice District, Baker County, Oregon, when he was not such an officer, and was wholly without authority to act in that capacity.
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From Baker: Robert Eakin, Judge. This is a proceeding by a writ of review instituted in the circuit court by E. Adams against W. H. Kelly and others to review certain proceedings had before Kelly, who, it is alleged, assumed to act as justice of the peace in and for Greenhorn City Justice District, Baker County, Oregon, when he was not such an officer, and was wholly without authority to act in that capacity. Kelly was at the time the duly elected and qualified Recorder of the City of Greenhorn, which was constituted a justice of the peace and constable district. He was, by virtue of his…
1Opinion of the CourtJustice Wolverton
The only serious controversy involved by the record is whether Kelly was authorized to entertain the action attempted to be instituted by Sanders against Adams for forcible entry and detainer. Kelly, without question, acted, not as a justice of the peace, but in his capacity as Recorder for the City of Greenhorn and ex officio justice of the peace. This is manifest from his signature, wheresoever appended —whether to his jurat attached to the complaint, the filings, summons, judgment, or writ of restitution. Wherever he speaks officially by the record it is as Recorder of the City of…
2Cases cited12 opinions
- Robinson v. Peru Plow & Wheel Co.Supreme Court of Oklahoma · 1893
- Clemmensen v. PetersonOregon Supreme Court · 1899
- Smith v. WatsonSupreme Court of Iowa · 1869
- Clark v. ComfordSupreme Court of Louisiana · 1893
- Jackson v. StateSupreme Court of Georgia · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Haines v. ConnellOregon Supreme Court · 1906
- Butterfield v. State Industrial Accident CommissionOregon Supreme Court · 1924
- First Nat. Bank v. RuskOregon Supreme Court · 1912
- Rosenberg Suit & Coat Co. v. General Accident Fire & Life Assur. Corp.Oregon Supreme Court · 1920