Legal Opinion

State ex rel. v. Fields

Oregon Supreme Court

Decided April 20, 1909PublishedCited by 11 opinions

From Multnomáh: Calvin U. Gantenbein, Judge. On Motion to Dismiss Appeal. Statement by Mr. Justice Slater. On September 3, 1908, upon the verified petition of the relator, O. N. Ford, an alternative writ of mandamus was issued in this case against F. S. Fields, county clerk of Multnomah County, commanding him immediately after the receipt of the writ, or as soon thereafter as could be done according to law, to prepare, transmit, and supply through judges of election to the…

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From Multnomáh: Calvin U. Gantenbein, Judge. On Motion to Dismiss Appeal. Statement by Mr. Justice Slater. On September 3, 1908, upon the verified petition of the relator, O. N. Ford, an alternative writ of mandamus was issued in this case against F. S. Fields, county clerk of Multnomah County, commanding him immediately after the receipt of the writ, or as soon thereafter as could be done according to law, to prepare, transmit, and supply through judges of election to the voters residing in a certain territory, described in the writ, ballots, with the question of annexation of such territory…

1Opinion of the CourtJustice Slater

The motion is resisted by counsel who have appeared for the defendant, on the ground that the acts done by him in obedience to the writ were done after the appeal was perfected and while the cause was pending in this court, and also because the things required to be done, and which were done, did not relate to, or affect, the substance of the suit, which, it is claimed, is the construction of a statute of this State as to whether a presidential election is a general election, as contemplated by our Code and Constitution, and whether the term “general election,” used in article 4, §§ 15, 16,…

2Cases cited1 opinion

  1. State v. JuryOregon Supreme Court · 1900

3Cited by11 opinions

  1. Greyhound Park v. Oregon Racing CommissionOregon Supreme Court · 1958
  2. State ex rel. v. WebsterOregon Supreme Court · 1911
  3. Oregon State Grange v. McKayOregon Supreme Court · 1951
  4. Dimick v. LatouretteOregon Supreme Court · 1914
  5. Portland v. Investment Co.Oregon Supreme Court · 1911

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