1 Or. 250 | Or. | 1859
This cause is here upon exceptions taken at the trial to the charge of the court. Several questions are raised in the reeord, but as one, and really the only one relied upon by the plaintiff will decide the matter in controversy, that alone may be considered.
It was not seriously contended that Blanchard was always so present at his office, and ready to discharge his duties in person, as to save it from being declared vacant by the proper authorities; but it is alleged - that he had a legally appointed deputy. The court was asked to instruct the jury, that “ Dean Blanchard, the clerk, being a ministerial officer, had power to appoint a deputy, and the acts of the deputy are valid.” This instruction the court refused to give, which refusal was
Judgment is affirmed.