Douglas County Road Co. v. County of Douglas
Oregon Supreme Court
Appeal from Douglas County. A motion was made in the County Court of Douglas County, on the 8th of April, 1875, for the entry in the records of the court, nunc pro tunc, of a contract alleged to have been made on the 10th of April, 1874, between such court and the appellants, by the terms of which the appellants were to have the right to use and occupy the public highway, extending through the canyon.
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Appeal from Douglas County. A motion was made in the County Court of Douglas County, on the 8th of April, 1875, for the entry in the records of the court, nunc pro tunc, of a contract alleged to have been made on the 10th of April, 1874, between such court and the appellants, by the terms of which the appellants were to have the right to use and occupy the public highway, extending through the canyon. The motion was based upon affidavits which averred the existence of the alleged contract, the order of- the court directing the entry of the same by the clerk, and the neglect of the clerk to…
1Opinion of the Court
By the Court,
Shattuck, J.:
The first question in this case is, what is to be deemed the record of the County Court that was made, or sought to be made, the subject of review ?
The return to the writ of review contains a motion, filed by plaintiff in the County Court on the day of 1875, and the contract which plaintiff desired to have entered up in the journals, together with the affidavit of J. S. Fitzhugh, former county judge, and the affidavit of John Jackson, former county commissioner, and the order or the decision of the County Court denying the motion. The counsel for the defendants…
2Cited by12 opinions
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- Charco, Inc. v. CohnOregon Supreme Court · 1966
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