Olcott v. Hoff
Oregon Supreme Court
Original proceeding in Supreme Court. In Banc. This is an original proceeding on a petition for an alternative writ of mandamus, in which it is alleged that at the general election on November 5, 1918, James Withycom.be was elected governor of the state of Oregon and that he duly qualified for that office on January 14, 1919; that at the general election held on November 7, 1916, the petitioner, Ben W. Olcott, was elected secretary of state of the state of Oregon and that he…
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Original proceeding in Supreme Court. In Banc. This is an original proceeding on a petition for an alternative writ of mandamus, in which it is alleged that at the general election on November 5, 1918, James Withycom.be was elected governor of the state of Oregon and that he duly qualified for that office on January 14, 1919; that at the general election held on November 7, 1916, the petitioner, Ben W. Olcott, was elected secretary of state of the state of Oregon and that he duly qualified for that office on December 26, 1916; that ever since he “has been and now is the duly qualified'and…
1Concurrence
McBRIDE, C. J.,
Specially Concurring. — I fully concur with the reasoning of Justice Johns, and in the conclusion arrived at by him, but think we should go further and decide every question that is presented in the briefs.
In the specially concurring opinions of Justices Burnett and Bennett, it is urged that the question, as to whether the petitioner will hold for the remainder of the unexpired term of the late Governor Withycombe, or only until his own term as secretary of state expires; and the further question, as to whether Mr. Olcott can now resign, the office of secretary of state and…
2Cases cited17 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Giles v. HarrisSupreme Court of the United States · 1903
- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- Boise City Irr. & Land Co. v. ClarkCourt of Appeals for the Ninth Circuit · 1904
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