Simon v. Portland Common Council
Oregon Supreme Court
Appeal from Multnomah. The facts are stated in the opinion. That the common council, sitting as a board to try contested elections, is an inferior tribunal and subject to the supervisory control of the circuit court, by certiorari, within the meaning of the constitution, has been recently held by the supreme court of West Virginia, in a well considered case, under a constitution similar to ours.
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Appeal from Multnomah. The facts are stated in the opinion. That the common council, sitting as a board to try contested elections, is an inferior tribunal and subject to the supervisory control of the circuit court, by certiorari, within the meaning of the constitution, has been recently held by the supreme court of West Virginia, in a well considered case, under a constitution similar to ours. (Gurmvngham v. Squires, 2 West Va., 422.) The unquestionable weight of authority in this country is, if an appeal be not given or some specific mode of review provided, that the superior common iaw…
1Opinion of the Court
By the Court,
Waldo, J. :
This is an appeal from the judgment of the circuit court for Multnomah county, quashing a writ of review directed to the common council of the city of Portland.
At a general election for municipal officers, held in the city of Portland on the 20th day of June, 1881, the appellant, Joseph Simon, and D. P. Thompson were candidates for the office of mayor. On the 23d day of June, 1881, a certificate of election was awarded to Thompson. The appellant contested the election before the common council, where the vote was declared to be a tie.
The grounds upon which the…
2Cases cited16 opinions
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Troup v. Executors of SmithNew York Supreme Court · 1822
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
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3Cited by9 opinions
- Portland v. GastonOregon Supreme Court · 1901
- Tazwell v. DavisOregon Supreme Court · 1913
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- State ex rel. Heath v. KraftOregon Supreme Court · 1890
- Pittsburgh, Ft. Wayne & Chicago Railway Co. v. GillespieIndiana Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.