Town of La Fayette v. Clark

Citations

• 9 Or. 225

Syllabus

<p>Jurisdiction op City Recorder — Appeai__Review.</p> <p>The charter of the town of La Fayette gives the recorder jurisdiction over complaints for the violation of town ordinances, and makes him, ex-officio, a justice of the peace.</p> <p>C. was fined by the recorder for a violation of an ordinance of the town, and appealed to the circuit court, where the judgment of the recorder was affirmed. On an appeal from such judgment: Held, That the jurisdiction of the recorder over complaints for the violation of town ordinances, belonged to him in his office of recorder, not as a justice of the peace.</p> <p>That an appeal, as a mode by which a cause may be retried on the facts, is a privilege existing by statute, not by common law, and that an appeal not having been expressly provided by statute, review was the proper remedy.</p>