Legal Opinion

State v. Stevens

Oregon Supreme Court

Decided May 11, 1896PublishedCited by 12 opinions

From Umatilla: Stephen A. Lowell, Judge. This is an action commenced in the name of the state, by the. district attorney of the sixth judicial district, upon a relation of J. L. Carter, to oust Nellie M. Stevens from the office of county superintendent of common schools for Union County, and to reinstate the relator therein.

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From Umatilla: Stephen A. Lowell, Judge. This is an action commenced in the name of the state, by the. district attorney of the sixth judicial district, upon a relation of J. L. Carter, to oust Nellie M. Stevens from the office of county superintendent of common schools for Union County, and to reinstate the relator therein. The complaint avers, in substance, that, at the regular state and county election, in June, eighteen hundred and ninety-four, the defendant was a candidate for the office of county superintendent of common schools for Union County, and received a plurality of all the…

1Opinion of the Court

Pee Curiam.

1. The necessity for an immediate decision renders it impossible for us to do anything more than indicate very briefly our conclusions. It is claimed that the complaint is defective because it does not in terms tender an issue upon the constitutionality of the act of the legislature authorizing women to hold educational offices: Laws, 1893, 62. But it is unnecessary to set out the statute or allege its unconstitutionality in a complaint, for the court will take judicial knowledge of its existence and provisions; and, besides, in a proceeding of this kind a general allegation that…

2Cases cited1 opinion

  1. State v. LordOregon Supreme Court · 1896

3Cited by12 opinions

  1. Harris v. BurrOregon Supreme Court · 1898
  2. Beard v. BeardOregon Supreme Court · 1913
  3. State Ex Rel. Security Savings & Trust Co. v. School District No. 9Oregon Supreme Court · 1934
  4. Casner v. HoskinsOregon Supreme Court · 1912
  5. State v. CookOregon Supreme Court · 1901

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