Burgtorf v. Bentley
Oregon Supreme Court
Appeal from Baker: Morton D. Clifford, Judge. This is a mandamus proceeding, instituted by Herman Burgtorf for the purpose of compelling W. H. Bentley, as justice of the peace for Baker City Precinct in Baker County, to allow an appeal and stay of proceedings in a certain action tried before him in August, eighteen hundred and ninety-four.
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Appeal from Baker: Morton D. Clifford, Judge. This is a mandamus proceeding, instituted by Herman Burgtorf for the purpose of compelling W. H. Bentley, as justice of the peace for Baker City Precinct in Baker County, to allow an appeal and stay of proceedings in a certain action tried before him in August, eighteen hundred and ninety-four. An alternative writ was issued and served, and upon the return of the defendant thereto the cause was tried by the court below, without the intervention of a jury, and from its findings the facts appear to be that on August thirteenth, eighteen hundred and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The proceedings by the justice were unquestionably in violation of a statutory right of the petitioner, but *271if it be conceded that the section quoted applies to a judicial officer acting in a judicial capacity in determining the rights of a private individual, and that the refusal of the trial court to enforce its provisions can be reviewed on appeal, there is not enough in this record to enable us to do so. There is no bill of exceptions or testimony in the record, and the only question it presents is whether, under the findings of the court below, the…
2Cited by2 opinions
- State v. SneedTennessee Supreme Court · 1900
- France v. WEINSTEINOregon Supreme Court · 1960