Legal Opinion

Stevens v. Carter

Oregon Supreme Court

Decided July 20, 1895PublishedCited by 15 opinions

Appeal from Union; Morton D. Clifford, Judge. This is a mandamus proceeding by Miss Nellie M. Stevens against J. L. Carter to compel the latter to surrender the books and papers belonging to the office of the county superintendent of common schools of Union County.

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Appeal from Union; Morton D. Clifford, Judge. This is a mandamus proceeding by Miss Nellie M. Stevens against J. L. Carter to compel the latter to surrender the books and papers belonging to the office of the county superintendent of common schools of Union County. The facts are, that at the election in June, eighteen hundred and ninety-four, the plaintiff received a plurality of all the votes cast, obtained a certificate of election to the office, and, having qualified as required by law, demanded the said books and papers of the defendant, and, upon his refusal to comply therewith, sued out…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

1. To entitle the defendant to invoke the rule of law for which he contends, it must appear that he has a colorable title to the office, and was in possession of it, and discharging the duties thereof under a claim of right. The return shows that in June, eighteen hundred and ninety-two, he was elected to the office in question, and, under the statute, was entitled to hold it for a term of two years, or until his successor was chosen and had qualified: Hill’s Code, § 2586. An examination of the writ discloses that in June, eighteen hundred and ninety-four, the…

2Cases cited12 opinions

  1. People v. TiltonCalifornia Supreme Court · 1869
  2. People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
  3. State ex rel. Everding v. SimonOregon Supreme Court · 1891
  4. State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
  5. Hamlin v. KassaferOregon Supreme Court · 1887

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Beard v. BeardOregon Supreme Court · 1913
  2. Couch v. State ex rel. BrownIndiana Supreme Court · 1907
  3. Baker County v. BensonOregon Supreme Court · 1901
  4. Portland v. CoffeyOregon Supreme Court · 1913
  5. Chanlder v. StarlingNorth Dakota Supreme Court · 1909

10 more not listed; retrieve them via the Exa API.

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