Everding v. McGinn
Oregon Supreme Court
Multuomah County. Defendant appeals. This is a proceeding in mandamus instituted by Richard Everding in the circuit court of Multnomah County to compel Henry E. McGinn, who is the district attorney of the fourth judicial district, to institute a proceeding to try the title of the office of police commissioner of the city of Portland, to which office the plaintiff claims to have been elected.
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Multuomah County. Defendant appeals. This is a proceeding in mandamus instituted by Richard Everding in the circuit court of Multnomah County to compel Henry E. McGinn, who is the district attorney of the fourth judicial district, to institute a proceeding to try the title of the office of police commissioner of the city of Portland, to which office the plaintiff claims to have been elected. Upon the filing of the petition, the court allowed an alternative writ, to which writ the district attorney returned amongst other things, that upon application being made to him by the petitioner to…
1Opinion of the CourtStrahan, J.
The first and material question presented by this record is, whether or not the district attorney may be compelled by writ of mandamus to institute and prosecute a proceeding to try the title to a public office; or, stating the question in a different form, is the power to institute such proceeding confided to the district attorney by the constitution and laws of this state, to be exercised in his discretion, when he shall determine that a case exists requiring the exercise of such power?
Hill’s Code, § 357, provides: “An action at law may be maintained in the name of the state upon the…
2Cases cited9 opinions
- People Ex Rel. Demarest v. . FairchildNew York Court of Appeals · 1876
- Trabant v. RummellOregon Supreme Court · 1886
- People ex rel. Peabody v. Attorney GeneralNew York Supreme Court · 1856
- Matter of GardnerNew York Court of Appeals · 1877
- Crawford v. RobertsOregon Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People ex rel. Raster v. HealyIllinois Supreme Court · 1907
- Lewright v. BellTexas Supreme Court · 1901
- State v. CasedayOregon Supreme Court · 1911
- State ex rel. Rosbach v. PrattWashington Supreme Court · 1912
- State Ex Rel. Bennett v. Clarendon Independent School DistrictTexas Supreme Court · 1957
10 more not listed; retrieve them via the Exa API.