Guernsey v. McHaley
Oregon Supreme Court
From Grant: George E. Davis, Judge. This is a suit by C. G. Guernsey and R. A. Clark, against R. R. McHaley, County Judge, and the County Commissioners of Grant County, Oregon, to enjoin them, as such officers, from making an order prohibiting the sale of intoxicating liquors in said county, in accordance with the result of an election held therein, on the 1st day of June, 1908. From a decree in favor of defendants, plaintiffs appeal. Statement by Mr. Chief Justice Bean.
Read the full summary
From Grant: George E. Davis, Judge. This is a suit by C. G. Guernsey and R. A. Clark, against R. R. McHaley, County Judge, and the County Commissioners of Grant County, Oregon, to enjoin them, as such officers, from making an order prohibiting the sale of intoxicating liquors in said county, in accordance with the result of an election held therein, on the 1st day of June, 1908. From a decree in favor of defendants, plaintiffs appeal. Statement by Mr. Chief Justice Bean. This is a suit against the County Judge and Commissioners of Grant County, to enjoin and restrain them from making an order…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The right of plaintiffs to maintain the suit is settled by Marsden v. Harlocker, 48 Or. 90, (85 Pac. 328: 120 Am. St. Rep. 786), and by the recent case of Hall v. Dunn, 52 Or. 475 (97 Pac. 811), and therefore the only question necessary for our consideration at this time is whether the election was invalid, because of the failure to give notice thereof as required by law.
The local option law (chapter 2, p. 41, Laws 1905) provides that whenever a petition therefor, signed by not less than 10 per cent of the registered voters of any county, or subdivision or…
2Cases cited14 opinions
- Marsden v. HarlockerOregon Supreme Court · 1906
- Hall v. DunnOregon Supreme Court · 1908
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Bean v. County CourtMissouri Court of Appeals · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. Port of TillamookOregon Supreme Court · 1912
- Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
- State v. SengstackenOregon Supreme Court · 1912
- Weisgerber v. Nez Perce CountyIdaho Supreme Court · 1921
- State v. Dalles CityOregon Supreme Court · 1914
14 more not listed; retrieve them via the Exa API.