Messick v. Duby
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Bean. This is a special proceeding to contest an election to the office of county judge of Baker County, Oregon. Prior to the election J. B. Messick, plaintiff herein, was the duly elected, qualified, and acting county judge of that county. On June 4,1917, a special recall election was held therein to recall that official and elect his successor.
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From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Bean. This is a special proceeding to contest an election to the office of county judge of Baker County, Oregon. Prior to the election J. B. Messick, plaintiff herein, was the duly elected, qualified, and acting county judge of that county. On June 4,1917, a special recall election was held therein to recall that official and elect his successor. It is alleged that upon an official canvass of the returns from various precincts of the county of the poll-books and tally sheets of the election the canvassing board erroneously…
1Opinion of the CourtJustice Bean
The only question for determination in this case is whether or not Sections 3426-3430, were repealed by implication by the enactment of the Corrupt Practices Act in 1909. It is the contention of counsel for contestee that the old statute, Chapter 7, Title XXVII, has been superseded entirely by that act and that this election contest should have been begun and proceeded with under the later law.
1. Section 3426", L. O. L., provides:
“Any person wishing to contest the election of any person to any county, district, township, or precinct office, may give notice in writing to the person whose…
2Cases cited16 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1908
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Marsden v. HarlockerOregon Supreme Court · 1906
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
- State v. ShumwayOregon Supreme Court · 1981
- Noble v. NobleOregon Supreme Court · 1940
- State v. Thompson-SeedCourt of Appeals of Oregon · 1999
- State Ex Rel. Washington-Oregon Investment Co. v. DobsonOregon Supreme Court · 1942
12 more not listed; retrieve them via the Exa API.