State v. Olcott
Oregon Supreme Court
Original proceeding in ma/ndamus. In Banc. This is an original petition for a writ of mandamus, in which the relator alleges that he is a natural bom citizen of tbe United States, over twenty-one years of age, has been district attorney and a resident of Jackson County for more than one year last past and is now a resident and legal voter therein for all state and county offices; that the defendant is the duly elected, qualified and acting secretary of state; that on…
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Original proceeding in ma/ndamus. In Banc. This is an original petition for a writ of mandamus, in which the relator alleges that he is a natural bom citizen of tbe United States, over twenty-one years of age, has been district attorney and a resident of Jackson County for more than one year last past and is now a resident and legal voter therein for all state and county offices; that the defendant is the duly elected, qualified and acting secretary of state; that on November 5, 1918, James Withycombe was duly elected governor of the State of Oregon and duly qualified for that office on…
1Opinion of the CourtJohns, J.
1. In legal effect, the question now before us is the one which was sought to be presented in the case of Olcott v. Hoff, 92 Or. 462 (181 Pac. 466), but was not then decided, because some members of this court did not think the question was legally before it and for such reason no four members could then agree upon .an opinion. The controversy now has to do with whether Mr. Olcott ceases to be governor when his term of office as secretary of state expires, or whether he shall continue to hold that office for the remainder of the unexpired term of the late Governor Withyeombe. The vital…
2Cases cited8 opinions
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- Kalich v. KnappOregon Supreme Court · 1914
- State ex rel. Whitney v. JohnsOregon Supreme Court · 1869
- Multnomah County v. SlikerOregon Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Putnam v. NorbladOregon Supreme Court · 1930
- State Ex Rel. Ayres v. GraySupreme Court of Florida · 1953
- Fitzpatrick v. McAlisterSupreme Court of Oklahoma · 1926
- Cook v. Leona Mills Lumber Co.Oregon Supreme Court · 1923
- State Ex Rel. De Concini v. GarveyArizona Supreme Court · 1948
1 more not listed; retrieve them via the Exa API.