Gantenbein v. West
Oregon Supreme Court
Original proceeding in Supreme Court. In Banc. Statement by Mr. Chief Justice McBride. This is a proceeding in mcmdamus to require the Governor to issue a certificate of election to the plaintiff, declaring him to have been elected circuit judge of department No. 6 of Multnomah County, at the general election held November 3, 1914. The petition alleged the statutory qualification of plaintiff to hold the office and the regularity of the election, and sets forth, further,…
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Original proceeding in Supreme Court. In Banc. Statement by Mr. Chief Justice McBride. This is a proceeding in mcmdamus to require the Governor to issue a certificate of election to the plaintiff, declaring him to have been elected circuit judge of department No. 6 of Multnomah County, at the general election held November 3, 1914. The petition alleged the statutory qualification of plaintiff to hold the office and the regularity of the election, and sets forth, further, that at said election there were cast for candidates for said office 69,827 votes, and that plaintiff, having received a…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
In the opinions heretofore handed down in Branch v. McCormick, 72 Or. 608 (144 Pac. 425); and State ex rel. v. Holman, 73 Or. 18 (144 Pac. 429). a majority of the court expressed the opinion that so much of the act in question as attempted to transfer probate jurisdiction in Multnomah County to the Circuit Court, and to transfer the county judge of that county to a position as' circuit judge, was void because in contravention of subdivision 3 of Section 23, Article IY, of the Constitution. So for the purposes of this case that contention may be taken as…
2Cases cited20 opinions
- Board of Liquidation v. McCombSupreme Court of the United States · 1876
- People v. McBrideIllinois Supreme Court · 1908
- Abeel v. ClarkCalifornia Supreme Court · 1890
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State v. ShawOregon Supreme Court · 1892
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3Cited by12 opinions
- McIntire v. ForbesOregon Supreme Court · 1996
- Standard Lbr. Co. v. PierceOregon Supreme Court · 1924
- City of Portland v. GoodwinOregon Supreme Court · 1949
- Wright v. Blue Mountain Hospital DistrictOregon Supreme Court · 1958
- Putnam v. NorbladOregon Supreme Court · 1930
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