Legal Opinion

Priest v. James

Oregon Supreme Court

Decided March 20, 1928PublishedCited by 11 opinions

1Opinion of the CourtBrown, J.

It is a familar principle of law that the authority to hold an election of officers of the government is legislative and political, and that equity cannot enjoin the exercise of such power: 2 Joyce on Injunctions, § 1386-a. This rule has been upheld time after time. It does not apply, however, to void elections such as the proposed election involved herein.

If the County Court in this case had no jurisdiction to order an election to be held for the creation of a port district already within the boundaries of a lawfully existing port district, the case is properly before us. The cause is here.…

2Cases cited8 opinions

  1. State v. Port of AstoriaOregon Supreme Court · 1916
  2. Taylor v. City of Fort WayneIndiana Supreme Court · 1874
  3. Marsden v. HarlockerOregon Supreme Court · 1906
  4. McKinney v. WatsonOregon Supreme Court · 1915
  5. Carman v. WoodruffOregon Supreme Court · 1882

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

3Cited by11 opinions

  1. Webb v. Clatsop County School District No. 3Oregon Supreme Court · 1950
  2. Tillamook Peoples' Utility District v. CoatesOregon Supreme Court · 1944
  3. Landis v. City of RoseburgOregon Supreme Court · 1966
  4. State Ex Rel. v. ChandlerOregon Supreme Court · 1946
  5. Portland General Electric Co. v. JuddOregon Supreme Court · 1948

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

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