Pomeroy v. Lappeus

Citations

• 9 Or. 363

Syllabus

<p>Pleading City Ordinances.</p> <p>Where it becomes necessary to plead a city ordinance, a mere reference to it by number, title and date of enactment, is not sufficient. It must be set forth in the pleading as any other fact of which the courts take . no judicial notice.</p> <p>Habeas Corpus — Jurisdiction.</p> <p>In a proceeding of habeas corpus, the court to which the writ is returnable acquires jurisdiction to make a final order in the cause, by the service of the writ upon the defendant while the prisoner is still in his custody ; and such jurisdiction cannot be ousted by any act of the defendant without the consent of the court.</p>