Winslow v. Fleischner
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 1. This is a suit instituted for the purpose of enjoining the enforcement of an order made by five of the defendants who constitute the State Game Commission of Oregon. The defendants, John H. Carson and George Neuner, Jr., were prosecuting attorneys for Marion and- Douglas Counties, respectively, at the time the order was made.
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From Marion: George G. Bingham, Judge. Department 1. This is a suit instituted for the purpose of enjoining the enforcement of an order made by five of the defendants who constitute the State Game Commission of Oregon. The defendants, John H. Carson and George Neuner, Jr., were prosecuting attorneys for Marion and- Douglas Counties, respectively, at the time the order was made. The defendants appeared by the Attorney General and filed a motion to strike out parts of the complaint and a demurrer at the same time. The demurrer to the complaint was overruled by the Circuit Court and the…
1Opinion of the CourtCoshow, J.
The first proposition to be determined on this appeal is the right of the plaintiff to maintain this suit. The defendants, who are the appellants, contend that the plaintiff is without capacity to sue. This contention is based upon the well-established law in this state that, as against public officers, the drastic remedy of injunction can be invoked only by the state acting through its proper law officers where only public or political rights are involved. This contention is supported by Sherman v. Bellows, 24 Or. 553 (34 Pac. 549), State ex rel. v. Lord, 28 Or. 498, 527 (43 Pac. 471, 31 L.…
2Cases cited22 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- McCready v. VirginiaSupreme Court of the United States · 1877
- State v. HammelsyOregon Supreme Court · 1908
- Sterling v. JacksonMichigan Supreme Court · 1888
- State v. LordOregon Supreme Court · 1896
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3Cited by19 opinions
- State Ex Rel. Bushman v. VandenbergOregon Supreme Court · 1955
- Crouch v. Central Labor CouncilOregon Supreme Court · 1930
- Winslow v. FleischnerOregon Supreme Court · 1924
- Hickey v. RileyOregon Supreme Court · 1945
- Kroner v. City of PortlandOregon Supreme Court · 1925
14 more not listed; retrieve them via the Exa API.