Ramsey v. Pettengill
Oregon Supreme Court
Josephine County. Plaintiff appeals. This action was originally brought by the respondent here in a justice’s court, where, after an answer filed by the appellant, judgment was rendered for Pettengill for the amount claimed, with costs. After the expiration of thirty days from the rendition of the judgment, Ramsey, defendant in the justice’s court, sued out a writ of review, which was dismissed by the circuit court ; hence the appeal.
1Opinion of the CourtStraiian, J.
The civil code, Section 575, provides : “The writ shall be allowed in all cases where there is no appeal, or other plain, speedy or adequate remedy, and where the inferi- or court, officer or tribunal, in the exercise of judicial functions, appears to have exercised such functions erroneously, or to have exceeded its or his jurisdiction, to the injury of some substantial right of the plaintiff, and not otherwise.”
In construing this section of the code, the course of judicial opinion has not been uniform in this state. One case decided that appeal and review were concurrent remedies. (Schirott…
2Cases cited13 opinions
- Poe v. Machine WorksWest Virginia Supreme Court · 1884
- Springfield Milling Co. v. Lane CountyOregon Supreme Court · 1874
- Evans v. ChristianOregon Supreme Court · 1873
- Bennett v. WallaceCalifornia Supreme Court · 1872
- Galloway v. CorbittMichigan Supreme Court · 1884
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3Cited by11 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Bechtold v. WilsonOregon Supreme Court · 1947
- Asher v. PitchfordOregon Supreme Court · 1941
- Chapman v. Justice Court of Tonopah TownshipNevada Supreme Court · 1906
- Feller v. FellerOregon Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.