Dick v. Wilson
Oregon Supreme Court
Appeal from Benton County.
1Opinion of the Court
By the Court,
Lord, J.:-
There should always appear sufficient on the face of the record of an inferior court to show that it had jurisdiction of the cause of which it takes cognizance. No presumptions can be indulged to aid its record for the purpose of conferring jurisdiction, but the authority to act, in every instance, must be made to affirmatively appear. (Jones, et al., v. Craford, 1 John. Cases, 20; Shivers v. Willson, 5 How. & Johns., 130; Thompson v. Multnomah County, 2 Or., 35; Wright v. Warner, 1 Douglass, [Mich.,] 384.) Whoever, therefore, sets up the judgment of an inferior court…
2Cases cited4 opinions
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Jolley v. FoltzCalifornia Supreme Court · 1867
- Lowe v. AlexanderCalifornia Supreme Court · 1860
- Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- Rutenic v. HamakarOregon Supreme Court · 1902
- Northern Pacific Terminal Co. v. City of PortlandOregon Supreme Court · 1886
- Ashley v. PickOregon Supreme Court · 1909
- Malheur County v. CarterOregon Supreme Court · 1908
- Willits v. WalterOregon Supreme Court · 1898
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