State ex rel. Heath v. Kraft
Oregon Supreme Court
Appeal from the circuit court of Multnomah, county. The object of this proceeding is to try the title to the office of councilman to the city of Albina, in Multnomah county. The complaint, in substance, alleges that on the nineteenth day of June, A. D. 1889, a general election was duly held for councilman in each of the wards of the city of Albina, to elect one councilman for the term of one year, and one councilman for the term of two years.
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Appeal from the circuit court of Multnomah, county. The object of this proceeding is to try the title to the office of councilman to the city of Albina, in Multnomah county. The complaint, in substance, alleges that on the nineteenth day of June, A. D. 1889, a general election was duly held for councilman in each of the wards of the city of Albina, to elect one councilman for the term of one year, and one councilman for the term of two years. That at said election the relator, Geo. W. Heath, and the said defendant were candidates for the office of councilman for the term of one year in the…
1Opinion of the CourtStrahan, J.
Several questions were presented by counsel for the appellant which will be separately noticed. Counsel for appellant argue that the relator having failed to take and file his oath of office with the recorder on or before the first Monday in July next after his election, forfeited his office if he were otherwise entitled to it, and created a vacancy which the common council was entitled to fill by appointment. It being substantially admitted on the record that the relator did not so qualify, if this contention can be sustained, it must reverse the judgment and terminate this case. Section 24…
2Cases cited3 opinions
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- Fenton v. ScottOregon Supreme Court · 1888
- Simon v. Portland Common CouncilOregon Supreme Court · 1881
3Cited by12 opinions
- State v. HatcherOregon Supreme Court · 1896
- Gilbert v. CraddockSupreme Court of Kansas · 1903
- Derrick v. Portland Eye, Ear, Nose & Throat HospitalOregon Supreme Court · 1922
- Taylor v. CarrTennessee Supreme Court · 1911
- Coles v. HarschOregon Supreme Court · 1929
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