State v. Duniway
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding by the State, on relation of Ben W. Olcott, Secretary of State, to dispossess Willis S. Duniway, State Printer of the State of Oregon, of certain rooms in the State Capitol Building.
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding by the State, on relation of Ben W. Olcott, Secretary of State, to dispossess Willis S. Duniway, State Printer of the State of Oregon, of certain rooms in the State Capitol Building. These rooms are alleged to be occupied by the defendant for the use of the State printing department in connection with the defendant’s office as State Printer, and it is alleged that his office is not a State department nor is he entitled to occupy offices or rooms in the State Capitol Building; and plaintiffs ask for…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
We will first consider the question raised by the motion to strike out parts of the complaint. The important question raised by this motion is whether the State is a proper party plaintiff. Defendant treats the action as one in ejectment, and insists that the State cannot maintain that action under Section 325, L. O. L. If the State is a proper party plaintiff to recover the possession of the rooms, we see no reason why this action might not be sustained as a common-law proceeding by information to enforce the state’s right to the property. State v. Pinckney,…
2Cases cited11 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- State v. LordOregon Supreme Court · 1896
- State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
- State v. MetschanOregon Supreme Court · 1896
- Brown v. StateSupreme Court of Colorado · 1881
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3Cited by13 opinions
- Coos County v. StateOregon Supreme Court · 1987
- STATE, BY & THROUGH HALEY v. City of TroutdaleOregon Supreme Court · 1978
- Gibson v. KayOregon Supreme Court · 1914
- Brown v. Alton R.R. Co. and SlatterMissouri Court of Appeals · 1941
- State Ex Rel. Red River Valley Co. v. District Court of Fourth Judicial Dist.New Mexico Supreme Court · 1935
8 more not listed; retrieve them via the Exa API.