Allen v. Levens
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Banc. The plaintiffs brought this proceeding to contest an election held in Harney County to determine whether or not an irrigation district to be known as “Harney Basin Irrigation District No. 1” should be established. The Circuit Court sustained a general demurrer to their petition and, as the plaintiffs refused to plead further, dismissed the proceeding.
Read the full summary
From Harney: Dalton Biggs, Judge. In Banc. The plaintiffs brought this proceeding to contest an election held in Harney County to determine whether or not an irrigation district to be known as “Harney Basin Irrigation District No. 1” should be established. The Circuit Court sustained a general demurrer to their petition and, as the plaintiffs refused to plead further, dismissed the proceeding. The judgment was entered October 14, 1920. The notice of appeal to this court was given December 4, 1920.
1Opinion of the CourtBurnett, C. J.
1. Treating of the contest of election in such cases, it is laid down in Section 7334, Or. L.:
“The court having jurisdiction shall speedily try such contests and determine, upon the hearing, whether the election was fairly conducted, and in substantial compliance with the requirements of this act, and enter its judgment accordingly. Such contest must be brought within sixty days after the canvass *468of the vote and declaration of the result. The right of appeal is hereby given to either party to the record within thirty days after the entry of judgment.”
It is said in Tazwell v. Davis, 64 Or.…
2Cases cited4 opinions
- City of Portland v. NottinghamOregon Supreme Court · 1911
- Tazwell v. DavisOregon Supreme Court · 1913
- Donart v. StewartOregon Supreme Court · 1912
- Livesley v. LandonOregon Supreme Court · 1914
3Cited by5 opinions
- Neal v. HaightOregon Supreme Court · 1949
- State Highway Commission v. Heintz Construction Co.Oregon Supreme Court · 1967
- State v. StilwellOregon Supreme Court · 1923
- Cohn v. State Tax CommissionOregon Supreme Court · 1926
- In Re Guardianship of LyonOregon Supreme Court · 1928