23 Or. 213 | Or. | 1892
This is an appeal from a judgment of the circuit court of Multnomah County rendered against the appellant for costs on an appeal taken by her from the assessment of damages by the county court in the matter of the location and establishment of a county road over and across her premises. There is no bill of exceptions in the record, nor does the appellant claim that any errors were committed by the trial court, but she insists that the proceedings of the county court in the matter of the location of the proposed road are void for want of jurisdiction, because no sufficient petition for the location of the road was filed or notice given, and consequently argues that the circuit court had no jurisdiction to render the judgment appealed from.
We do not think the question can be raised or considered on this appeal. By the statute, the proceedings of the county court in the transaction of county business, can be reviewed only upon a writ of review: Code, sec.
It is urged, however, that the question of the jurisdiction of the court can be raised at any stage of the proceedings. As a general rule this is true. But in this case the jurisdiction of the circuit court did not depend upon the regularity of the proceedings of the county court in locating the road, but only on the fact that the appellant conceived herself aggrieved by the disposition made by that court of her claim for damages, and from which she had regularly appealed.
The judgment is therefore affirmed.