Garrison v. Richardson
| Decision Date | 25 May 1909 |
| Citation | 54 Or. 269,101 P. 900 |
| Parties | GARRISON v. RICHARDSON, County Judge, et al. |
| Court | Oregon Supreme Court |
Appeal from Circuit Court, Malheur County; Geo. E. Davis, Judge.
Petition by Floyd Garrison for writ of review against B.C. Richardson and others, commissioners of Malheur county, constituting the county court thereof. From an order dismissing the writ, petitioner appeals. Affirmed.
This is an appeal from a judgment of the circuit court for Malheur county dismissing the writ of review brought by appellant to revise the action of the county court of Malheur county in making an order of prohibition following the election of 1908. As showing the right of appellant to the writ, it is alleged that petitioner is a citizen, resident, taxpayer, and legal voter of the city of Vale, in Malheur county, Or., and that at the date of the order complained of he was engaged in the retail liquor business in said city, and pays an annual license of $600. The other facts set forth in the petition are not necessary to a decision of this cause.
Geo. W. Hayes, for appellant.
A.M. Crawford, for respondents.
Neither the petition for the writ nor the writ itself show that appellant ever appeared in the county court to oppose the order sought to be reviewed in the circuit court. Therefore he comes within the rule announced by this court in Raper v. Dunn (Or.) 99 P. 889. Counsel for appellant ingeniously argues that respondents, having made full return to the writ in the court below, without interposing any motion to quash or any demurrer on account of defect of parties, are precluded from raising that question, and will be held to have waived it. The practice at circuit in these particulars has been different in different courts and even in the same court has varied, according to the ideas of different attorneys. But the statute itself makes no provision for demurrer or motion to quash. When the writ issues, the inferior court has no alternative but to send up its return, and the hearing is then had upon inspection of the writ and the return, and no demurrer or motion is necessary.
This being our view of the case, the judgment of the circuit court will be affirmed.
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State v. District Court of Second Judicial Dist. in and for Silver Bow County
... ... issuance of the writ, is to make the return commanded, and ... cite in support of their contention the case of Garrison ... v. Malheur County Court, 54 Or. 269, 101 P. 900, decided ... under a similar statute. There, it is true, we find the ... statement: ... ...
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State ex rel. Sorensen v. Baird
...are not in point: Kelley v. Meyers, 124 Or. 322, 263 P. 903, 56 A.L.R. 661; Long v. Minto, 81 Or. 281, 158 P. 805; Garrison v. Malheur County Court, 54 Or. 269, 101 P. 900 (Writ of The rules respecting petitions for writs of review are different from those applying to petitions for writs of......
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State v. Malheur County Court
... ... Brainard, 5 Or. 426. Under the holding of this court in ... Raper v. Dunn, 99 P. 889, and Garrison v ... Richardson, 101 P. 900, review will not lie, from which ... it follows that, unless the remedy by [54 Or. 266] mandamus ... ...