Legal Opinion

Dick v. Wilson

Oregon Supreme Court

Decided March 15, 1883PublishedCited by 7 opinions

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

  1. Starr v. Trustees of RochesterNew York Supreme Court · 1831
  2. Jolley v. FoltzCalifornia Supreme Court · 1867
  3. Lowe v. AlexanderCalifornia Supreme Court · 1860
  4. Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by7 opinions

  1. Rutenic v. HamakarOregon Supreme Court · 1902
  2. Northern Pacific Terminal Co. v. City of PortlandOregon Supreme Court · 1886
  3. Ashley v. PickOregon Supreme Court · 1909
  4. Malheur County v. CarterOregon Supreme Court · 1908
  5. Willits v. WalterOregon Supreme Court · 1898

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API