State ex rel. v. Malheur County Court
Oregon Supreme Court
Statement by Mr. Justice McBride. This is a proceeding in mandamus to compel the county court of Malheur County to amend an order of prohibition made by it in June, 1908. The writ sets forth: That, the petitioners are residents, taxpayers, and citizens of the City of Vale, in Malheur County, engaged in retail liquor business in that city, and have large sums of money invested in the same; that the city charter was passed by the legislature on the 21st day of February, 1905;…
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Statement by Mr. Justice McBride. This is a proceeding in mandamus to compel the county court of Malheur County to amend an order of prohibition made by it in June, 1908. The writ sets forth: That, the petitioners are residents, taxpayers, and citizens of the City of Vale, in Malheur County, engaged in retail liquor business in that city, and have large sums of money invested in the same; that the city charter was passed by the legislature on the 21st day of February, 1905; that the local option law went into effect June 24, 1904; that by the charter the city council was granted full power…
1Opinion of the CourtJustice McBride
1. It is claimed by appellants that, irrespective of any view which the court below might have taken of the contention in regard to the plenary power of the City of Vale over the liquor traffic under the conditions of its charter, the allegation in the writ of failure to post notices of the election was sufficient to require the circuit court to hear and determine the case on that question. With this contention we are unable to agree. The writ is defective as to the allegation of want of notice. Its language is: “No notice was ever issued or posted as *258by law provided.” In this language it…
2Cases cited9 opinions
- State v. ClarkeSupreme Court of Missouri · 1873
- Hall v. DunnOregon Supreme Court · 1908
- Allison v. HattonOregon Supreme Court · 1905
- Renshaw v. Lane County CourtOregon Supreme Court · 1907
- Booth's WillOregon Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State Ex Rel. Ricco v. BiggsOregon Supreme Court · 1953
- Sterne, Agee & Leach, Inc. v. U.S. Bank National Ass'nSupreme Court of Alabama · 2014
- State Ex Rel. Maizels v. JubaOregon Supreme Court · 1969
- Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
- State v. CochranOregon Supreme Court · 1909
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