Hill v. State
Oregon Supreme Court
Polk County; Reuben P. Boise, Judge. Homer Hill was tried and convicted in a justice’s court on a complaint for trespass, and sued out of the circuit court a writ of review. Prom a judgment of the circuit court dismissing the writ for want of jurisdiction, defendant appeals.
1Opinion of the CourtLord, C. J.
1. The defendant was tried and fined in a justice’s court upon a complaint for trespass conceded to be fatally defective. A writ of review was sued out of the circuit court, which, upon motion, was dismissed for want of jurisdiction. The error alleged in this ruling is the ground of the appeal. The ruling was based on the assumption that there is no right to the writ to review the judgment of a justice’s court in a criminal action when the fine is less than twenty dollars, for the reason that the right to the writ is concurrent with the right of appeal. A correct determination of the question…
2Cited by9 opinions
- Bechtold v. WilsonOregon Supreme Court · 1947
- Fanning v. GillilandOregon Supreme Court · 1900
- Kirkwood v. Washington CountyOregon Supreme Court · 1898
- McAnish v. GrantOregon Supreme Court · 1903
- Feller v. FellerOregon Supreme Court · 1901
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