Legal Opinion · Concurrence

Olcott v. Hoff

Oregon Supreme Court

Decided June 10, 1919Published

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

BURNETT, J.,

Concurring in Part. — In this case an alternative writ of mandamus was issued out of this court, directed to the defendant, from which, barring a clerical omission, we learn in substance that James "Withycombe, the duly elected and inaugurated governor of the state, died March 3,' 1919, at which time the petitioner, Ben W. Olcott, was the duly elected, qualified and acting secretary of state and has since then continued to hold the latter office. It is further recited that on April 1, 1919, the secretary of state issued a warrant in favor of Ben W. Olcott for $336, in payment of…

2Cases cited17 opinions

  1. United States v. MacDanielSupreme Court of the United States · 1833
  2. United States v. SaundersSupreme Court of the United States · 1887
  3. Love v. BaehrCalifornia Supreme Court · 1874
  4. Love v. MillerIndiana Supreme Court · 1876
  5. United States v. FillebrownSupreme Court of the United States · 1833

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