Legal Opinion

State v. Deschutes County

Oregon Supreme Court

Decided May 21, 1918PublishedCited by 16 opinions

Crook County: T. E. J. Duffy, Judge. In Bane. Based upon certain alleged irregularities in the election held in Crook County on November 7, 1916, to determine whether a designated part thereof should become a new county to be called Deschutes County, the State of Oregon on the relation of a taxpayer and voter residing in the proposed municipality, brought this action to have the same declared void and to oust from office those individual defendants who had been appointed by…

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Crook County: T. E. J. Duffy, Judge. In Bane. Based upon certain alleged irregularities in the election held in Crook County on November 7, 1916, to determine whether a designated part thereof should become a new county to be called Deschutes County, the State of Oregon on the relation of a taxpayer and voter residing in the proposed municipality, brought this action to have the same declared void and to oust from office those individual defendants who had been appointed by the Governor as county judge and commissioners. Before the answer was filed the relator withdrew from the proceeding by…

1Opinion of the CourtBurnett, J.

The bill of exceptions does not disclose that any testimony whatever was offered in support of the allegations of the complaint and the only error assigned is the ruling of the trial court admitting in evidence the judgment-roll in the case of McKay v. Brown already mentioned.

1. It is true that the rule in this state is that in actions in the nature of quo warranto the burden of proof is upon the defendant to show his title to the office or in case of a corporation, to establish its right to exist as such an institution: State ex rel. v. Port of Tillamook, 62 Or. 332 (124 Pac. 637, Ann. Cas.…

2Cases cited7 opinions

  1. Knox County v. Ninth National BankSupreme Court of the United States · 1893
  2. State v. Port of TillamookOregon Supreme Court · 1912
  3. Nofire v. United StatesSupreme Court of the United States · 1897
  4. Commonwealth, ex rel. Gast v. KellySupreme Court of Pennsylvania · 1917
  5. State ex rel. Waymire v. ShayIndiana Supreme Court · 1885

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

3Cited by16 opinions

  1. School District No. 17 v. PowellOregon Supreme Court · 1955
  2. Edwin C. Eberly and Elsie Eberly, Husband and Wife v. Frank A. Dudley, as Trustee of the Estate of Duvall's, Inc., BankruptCourt of Appeals for the Ninth Circuit · 1962
  3. Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
  4. Teshner v. RoomeOregon Supreme Court · 1922
  5. Warren v. BrownSouth Dakota Supreme Court · 1930

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

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