Legal Opinion

Libby v. Olcott

Oregon Supreme Court

Decided July 22, 1913PublishedCited by 18 opinions

From Marion: William Galloway, Judge. In Bank. Statement by Me. Justice Burnett. This is a suit by A. G. Libby against Ben W. Olcott, Secretary of State of tbe State of Oregon, tbe facts being as follows: By tbe act of February 28,1913 (Laws 1913, p. 620), tbe legislative assembly passed a law providing that “there shall be held a special election in tbe several voting precincts of this state on tbe first Tuesday after the first Monday in November, 1913. All measures passed…

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From Marion: William Galloway, Judge. In Bank. Statement by Me. Justice Burnett. This is a suit by A. G. Libby against Ben W. Olcott, Secretary of State of tbe State of Oregon, tbe facts being as follows: By tbe act of February 28,1913 (Laws 1913, p. 620), tbe legislative assembly passed a law providing that “there shall be held a special election in tbe several voting precincts of this state on tbe first Tuesday after the first Monday in November, 1913. All measures passed by tbe twenty-seventh, legislative assembly of the State of Oregon upon which tbe referendum may be invoked shall be…

1Opinion of the CourtJustice Bubnett

At the outset it may be observed that, although the plaintiff designates himself as a citizen and taxpayer of the state, and avers that his taxes will be. increased by the expenditure of public money in connection with the special election in question, yet he does not state anything to show that he will be injured in any manner different from any other citizen and taxpayer. Following the doctrine of Friendly v. Olcott, 61 Or. 580 (123 Pac. 53), and cases there cited, the suit of the plaintiff might well be dismissed, without further consideration, on the ground that the courts will not…

2Cases cited6 opinions

  1. Straw v. HarrisOregon Supreme Court · 1909
  2. Cook v. Port of PortlandOregon Supreme Court · 1891
  3. State v. ShawOregon Supreme Court · 1892
  4. Deane v. Willamette Bridge Co.Oregon Supreme Court · 1892
  5. Friendly v. OlcottOregon Supreme Court · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
  2. State v. RathieOregon Supreme Court · 1921
  3. Boyd v. OlcottOregon Supreme Court · 1921
  4. State v. HeckerOregon Supreme Court · 1923
  5. Windle, Adm'x v. FlinnOregon Supreme Court · 1952

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