Williams v. Shelby
Oregon Supreme Court
Appeal from Multnomah County. This action was brought to. recover $500, the penalty of a bond executed on the 6th day of December, 1864, by F. Patterson, as principal, and -A. D. Shelby, as •surety; conditioned for the appearance of Patterson before J. F. McCoy, recorder of the city of Portland, to answer a charge of commission of assault upon, with intent to disfigure, one Kate Mason.
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Appeal from Multnomah County. This action was brought to. recover $500, the penalty of a bond executed on the 6th day of December, 1864, by F. Patterson, as principal, and -A. D. Shelby, as •surety; conditioned for the appearance of Patterson before J. F. McCoy, recorder of the city of Portland, to answer a charge of commission of assault upon, with intent to disfigure, one Kate Mason. The charter of the city of Portland gives to its recorder the jurisdiction and authority of a justice of the peace, for the county of Multnomah, within the limits of the city in both civil and criminal matters.…
1Opinion of the CourtPrim, J.
The crime with which Patterson was charged was a felony; and a justice of the peace had no authority or jurisdiction to try and determine the case, but only to act as a court of inquiry, with authority to hear the proofs for the purpose of ascertaining whether an offense had been committed ; and whether there was probable cause to believe the prisoner guilty thereof; and if so, to take his bond with one or more sureties conditioned for his appearance before the Circuit Court to answer the charge. See Statutes of 1855, page 246.
The condition of the bond in question is that Patterson appear…
2Cases cited4 opinions
- Johnson v. Erskine ex rel. HangerTexas Supreme Court · 1852
- Commonwealth v. LoveridgeMassachusetts Supreme Judicial Court · 1814
- People v. BrownNew York Supreme Court · 1840
- Blake v. JonesMassachusetts Supreme Judicial Court · 1810
3Cited by12 opinions
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- State v. MurphyNevada Supreme Court · 1897
- Malheur County v. CarterOregon Supreme Court · 1908
- Healy v. NewtonMichigan Supreme Court · 1893
- State v. CaldwellSupreme Court of Missouri · 1894
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