Breding v. Williams
Oregon Supreme Court
From Umatilla : Stephen A. Lowell, Judge. This is an election contest to determine whether Christ Breding or James Williams is entitled to the office of school director of district No. 69, Umatilla County, Or.
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From Umatilla : Stephen A. Lowell, Judge. This is an election contest to determine whether Christ Breding or James Williams is entitled to the office of school director of district No. 69, Umatilla County, Or. The notice of contest alleges, in purport, that there was an election held in said district on the first day of March, 1897, at which the defendant received only nine legal votes, and was declared elected ; that the plaintiff was a candidate at such election ; that six legal votes were cast for him thereat, and duly counted, and- that, in addition thereto, John Richmond, Dan Richmond,…
1Opinion of the CourtJustice Wolverton
There were no findings made or filed in the court below, and it is urged that the judgment should be reversed for want thereof. Matters of contest of the nature here for consideration are required to be heard and determined by the court without the intervention of a jury, as actions at law, in contradistinction to suits in equity; and it is a prerequisite that the court shall make findings of fact, as this court will not look into the evidence except to ascertain whether there is any to support a given conclusion, nor will it try the case de novo : Hill’s Ann. Laws, § 2547 ; Hughes v. Holman,…
2Cases cited6 opinions
- Moody v. RichardsOregon Supreme Court · 1896
- Hartman v. YoungOregon Supreme Court · 1888
- Hughes v. HolmanOregon Supreme Court · 1893
- Fenton v. ScottOregon Supreme Court · 1888
- Tatum v. MassieOregon Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Turner v. CyrusOregon Supreme Court · 1919
- Lewis v. First National BankOregon Supreme Court · 1904
- Jennings v. FrazierOregon Supreme Court · 1905
- Clackamas Southern Ry. Co. v. VickOregon Supreme Court · 1914
- Wright v. RampOregon Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.