Zachary v. Polk County Court
Oregon Supreme Court
Prom Polk: Webster Holmes, Judge. Department 2. Statement by Mr. Justice Eakin. This is a proceeding by mandamus by Maud.
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Prom Polk: Webster Holmes, Judge. Department 2. Statement by Mr. Justice Eakin. This is a proceeding by mandamus by Maud. E. Zacbary against tbe County Court of Polk County, Oregon, to compel tbe County Court of Polk County to provide assistance for tbe plaintiff under tbe act of 1913, page 75, tbe title of wbicb reads, in part: “To provide for tbe assistance and support of women .whose husbands are dead # * are physically or mentally unable to work and who have a child or children dependent for support wholly or partly upon their labor. ’ ’ Prom an order granting tbe writ, defendant appeals.
1Opinion of the CourtJustice Eakin
It is first assigned as error that mandamus is not the proper remedy to require the County Court to grant a pension to a needy widow; that it was without jurisdiction. When the plaintiff made application to the County Court for the pension she made a formal one under oath, upon a printed blank, evidently furnished her by the court, giving all the information called for by the said blank or required by the statute, as follows:
“In the County Court of the State of Oregon, for the County of Polk — Juvenile Department.
“Application for Widow’s Pension.
“The undersigned hereby makes application to…
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