PROCEEDINGS OF THE COURT ON THE DEATH OF HON. JOSEPH G. WILSON. IN the Supreme Court at Salem, Oregon, on July 27, 1873, Hon. R. P. Boise, on behalf of a committee of the Bar, presented the following resolutions, which were ordered spread upon the journal of the Court: WHEREAS, Hon. JOSEPH G. WILSON, Representative from Oregon in the Congress of the United States, late an Associate Justice of the Supreme Court of this State, and for many years an able and distinguished attorney at the bar, has recently been stricken down by the unsparing hand of death in the midst of his career of usefulness and honorable labor. Now therefore we, the members of the Bar in attendance upon this term of the Supreme Court, desiring to pay a merited tribute of respect to our deceased brother, do Resolve, 1. That while in common with all the citizens of Oregon we mourn in the death of Judge WILSON the loss of an able, fearless and worthy Representative in Congress, we recognize in this sad event a special calamity to the legal profession of this State, of which the deceased was so lately and so long a distinguished ornament; that the ability, industry and integrity of our late associate, during his long practice at this bar and while upon the Supreme bench, uniformly commanded our esteem and confidence, while his unfailing courtesy, cheerfulness and geniality won all our hearts. VOL. IV.-B 2. That we willingly bear testimony to the fact that the talent and bearing of Judge WILSON have left an indelible impress upon the jurisprudence of our State and have builded a monument more enduring than brass, and that his decease has made a void in the ranks of our profession which will not be soon or easily filled. 3. That we tender to the afflicted family and friends of the deceased our heartfelt sympathy in their great bereavement. 4. That a copy of these resolutions be presented to the Supreme Court now in session, with the request that they be spread upon the journal and that suitable action be taken thereon. R. P. BOISE, REPORTS OF CASES DETERMINED IN THE SUPREME COURT, SEPTEMBER TERM, 1869. JAMES HEATHERLY AND MARY J. HEATHERLY, DISPENSING WITH THE CLASSIFICATION OF BILLS - RIGHTS OF SUITORS. JURISDICTION. Having obtained jurisdiction for one purpose, a Court of equity may hold it for all purposes connected with the transaction. PROOF CANNOT AID AN ALLEGATION OF SERVICE. - Proof cannot add to the force of an undisputed allegation of the pleading. Where the pleading points out a particular mode of service, if the mode pointed out falls short of due service, proofs cannot aid the allegation. Nothing shall be intended to be out of the jurisdiction of a Superior Court except that which specially appears to be so. RECORD RECITAL OF JURISDICTIONAL FACTS.-If the record contains a recital of the facts requisite to confer jurisdiction, it is conclusive when attacked collaterally. If the record is silent as to jurisdictional facts, they will be presumed to have been duly established, but such presumption may be rebutted by extrinsic evidence. If it appears by the record expressly, or by necessary implication, that the cause of action was beyond the jurisdiction of the Court, or that the Court proceeded without notice to the parties, no presumption in favor of the jurisdiction arises, and the judgment will be void. VOL. IV.-1 |