Marsden v. Harlocker
Oregon Supreme Court
From Coos: James W. Hamilton and Lawrence T. Harris, Judges. Statement by Mr. Justice Moore. These two cases were argued and submitted together.
Read the full summary
From Coos: James W. Hamilton and Lawrence T. Harris, Judges. Statement by Mr. Justice Moore. These two cases were argued and submitted together. That of Marsden v. Harlocker is a suit in equity instituted November 22, 1904, by Eobert Marsden against L. Harlocker, as county judge of Coos County, and E. A. Anderson and Lloyd Spires, as county commissioners thereof, to restrain them from canvassing votes east at, and from declaring the result of, an election held November 8, 1904, to determine whether the sale of intoxicating liquors as a beverage should be prohibited in that county, and to…
1Opinion of the CourtJustice Moore
It is contended by plaintiff’s counsel that the failure of the countj'- court of Coos County, as confessed by the demurrer, to order an election as prayed for in the petition therefor, rendered all the proceedings attempted to be had in pursuance thereof invalid, and, this being so, the court erred in not enjoining the defendants from invading the property rights of their client in attempting to put into execution such void proceedings. The record shows that though the county court of Coos County did not convene in regular or special session *93within the time alleged in the complaint, the…
2Cases cited21 opinions
- Dickey v. ReedIllinois Supreme Court · 1875
- Dunn v. StateSupreme Court of Arkansas · 1840
- Board of Commissioners v. GwinIndiana Supreme Court · 1894
- In re AllisonSupreme Court of Colorado · 1889
- People v. PorterCalifornia Supreme Court · 1856
16 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Countz v. MitchellTexas Supreme Court · 1931
- State v. Port of TillamookOregon Supreme Court · 1912
- Recall Bennett Committee v. BennettOregon Supreme Court · 1952
- Hall v. DunnOregon Supreme Court · 1908
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
41 more not listed; retrieve them via the Exa API.