Legal Opinion

Clatsop County v. Wuopio

Oregon Supreme Court

Decided January 27, 1920PublishedCited by 1 opinion

From Clatsop: James A. Eakin, Judge. In Banc. This was an action to recover upon an undertaking of bail, executed by defendants, to secure tbe enlargement of one H. S. Gilnett, wbo had been indicted by tbe grand jury for obtaining by false pretenses tbe signature of a person to a promissory note, the false making of which would be forgery, tbe general description of tbe offense being in tbe following language: “H. S. Gilnett is accused by tbe Grand Jury of tbe County of…

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From Clatsop: James A. Eakin, Judge. In Banc. This was an action to recover upon an undertaking of bail, executed by defendants, to secure tbe enlargement of one H. S. Gilnett, wbo had been indicted by tbe grand jury for obtaining by false pretenses tbe signature of a person to a promissory note, the false making of which would be forgery, tbe general description of tbe offense being in tbe following language: “H. S. Gilnett is accused by tbe Grand Jury of tbe County of Clatsop by this Indictment of tbe crime of obtaining and attempting to obtain by false pretenses, with intent to defraud,…

1Opinion of the CourtMcBRIDE, C. J.

The defendants raised substantially several objections to plaintiff’s recovery, which may be summarized as follows: (1) That the complaint does not show that Grilnett was charged with any crime known to the law; (2) that the undertaking is void because not taken, acknowledged before, and certified by the circuit judge in the manner prescribed by Section 1648, L. O. L., and (3) that the continuance granted by the court on June 29, 1917, was without the consent of the defendant and therefore in contravention of law, and Grilnett was thereby relieved from any further responsibility to appear.

As…

2Cases cited2 opinions

  1. State v. MossOregon Supreme Court · 1919
  2. State v. HaysOregon Supreme Court · 1868

3Cited by1 opinion

  1. State v. BlaisdellSupreme Judicial Court of Maine · 1969

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