Legal Opinion

State v. Barbur

Oregon Supreme Court

Decided October 21, 1914PublishedCited by 3 opinions

Original proceeding in Supreme Court. This is an original proceeding by mandamus in wbicb tbe State, on the relation of Eugene E. Smith, is petitioner, against A. L. Barbur, as auditor of the City of Portland, is defendant. Tbe demurrer filed by tbe defendant was sustained and cause dismissed.

1Opinion of the CourtJustice Burnett

This is an original proceeding by mandamus to compel the defendant, as auditor of the City of Portland, to make certain changes in a sample ballot to be used in a recall election in that city. The plaintiff filed his petition for the writ, -and instead of demurring to the *11writ as required by Section 616, L. O. L., tbe defendant has interposed his objections in that form to the petition. Owing to the exigency of the case, however, we treat this variance from the practice as negligible and will consider the matter as if the writ had been issued in the alternative and the defendant had thus…

2Cited by3 opinions

  1. Abbey v. GreenArizona Supreme Court · 1925
  2. Rutledge v. DominguezCalifornia Court of Appeal · 1932
  3. In re The Alleged Error in the Preparation of the Ballot for the Recall Election in Hackensack to be Held October 6, 1959New Jersey Superior Court Appellate Division · 1959

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