State ex rel. Blanchard v. Smith
Oregon Supreme Court
Error to Columbia. This action was brought in the court below to oust the defendant in error from the office of clerk of Columbia County, held, as he claims, by virtue of an election to Said office on the-day of June, A. D. 1859. The plaintiff claims tinder the election of June, 1858 ; and at the time of the alleged usurpation of the defendant, his term of office had not expired. There was a trial, and verdict for the defendant.
1Opinion of the CourtStratton, J.
This cause is here upon exceptions taken at the trial to the charge of the court. Several questions are raised in the reeord, but as one, and really the only one relied upon by the plaintiff will decide the matter in controversy, that alone may be considered.
It was not seriously contended that Blanchard was always so present at his office, and ready to discharge his duties in person, as to save it from being declared vacant by the proper authorities; but it is alleged - that he had a legally appointed deputy. The court was asked to instruct the jury, that “ Dean Blanchard, the clerk, being a…
2Cited by1 opinion
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