Legal Opinion

Sustar v. County Court

Oregon Supreme Court

Decided October 25, 1921PublishedCited by 45 opinions

From Marion: George Bingham, Judge. In Banc. This is an appeal from an order denying plaintiff’s application for the issuance of a writ of review. On the twelfth day of July, 1921, P. Sustar, plaintiff, filed in the Circuit Court of the State of Oregon in and for Marion County his verified petition, and certified to by his attorney, seeking a writ of review.

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From Marion: George Bingham, Judge. In Banc. This is an appeal from an order denying plaintiff’s application for the issuance of a writ of review. On the twelfth day of July, 1921, P. Sustar, plaintiff, filed in the Circuit Court of the State of Oregon in and for Marion County his verified petition, and certified to by his attorney, seeking a writ of review. From his petition, it appears that plaintiff was accused by a complaint filed in tbe County Court of the State of Oregon for the county of Marion, charging: “That the said P. Sustar, on the thirtieth day of June, 1921, in the county of…

1Opinion of the CourtBrown, J.

1, 2. The petition in every application for a writ of review should contain a sufficient statement of facts, when taken as true, to disclose to the court that the plaintiff is entitled to the writ. It must describe with certainty the judicial functions claimed to have been exercised to the substantial injury of the plaintiff’s rights and must set forth the errors of law alleged to have been committed: Holmes v. Cole, 51 Or. 483, 486 (94 Pac. 964); Curran v. State, 53 Or. 154 (99 Pac. 420); White v. Brown, 54 Or. 7 (101 Pac. 900); Elmore Packing Co. v. Tillamook County, 55 Or. 223 (105 Pac.…

2Cases cited34 opinions

  1. Weems v. United StatesSupreme Court of the United States · 1910
  2. State v. BeckerSouth Dakota Supreme Court · 1892
  3. McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  4. State v. DurnamSupreme Court of Minnesota · 1898
  5. State v. . DowdySupreme Court of North Carolina · 1907

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3Cited by45 opinions

  1. Cannon v. GladdenOregon Supreme Court · 1955
  2. State v. Rodriguez/BuckOregon Supreme Court · 2009
  3. Huffman v. AlexanderOregon Supreme Court · 1952
  4. State v. RogersOregon Supreme Court · 1992
  5. State v. WheelerOregon Supreme Court · 2007

40 more not listed; retrieve them via the Exa API.

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