State v. Malheur County Court
Oregon Supreme Court
From Malheur: George E. Davis, Judge. Statement by Mr. Chief Justice Wolverton. This is a proceeding by mandamus by the State on the relation of W. L. Gibson and others to compel the county court (consisting of the county judge and two commissioners) of Mialheur County to declare the result of an election alleged to have been held under what is known as the “Local Option Act” (Laws 1905, p.-41, c. 2,) adopted by the people at the June election of 1904, and by appropriate…
Read the full summary
From Malheur: George E. Davis, Judge. Statement by Mr. Chief Justice Wolverton. This is a proceeding by mandamus by the State on the relation of W. L. Gibson and others to compel the county court (consisting of the county judge and two commissioners) of Mialheur County to declare the result of an election alleged to have been held under what is known as the “Local Option Act” (Laws 1905, p.-41, c. 2,) adopted by the people at the June election of 1904, and by appropriate order prohibit the sale of intoxicating liquors in Nyssa Precinct, in said county. The alternative writ, after stating that…
1Opinion of the CourtChief Justice Wolverton
But one question is involved herein at this time, and that is whether the writ states facts sufficient to constitute a cause for relief. Me have concluded that, as tested by a demurrer, it does not, because it does not show that a petition of 10 per cent of the registered voters of the county was filed with the county clerk in the manner prescribed by the act, that the county court ordered an election to be held, and that one was held in pursuance of such petition and order. Such conclusion disposes of the case, and renders it unnecessary that we look into other questions presented, touching…
2Cited by25 opinions
- State v. RichardsonOregon Supreme Court · 1906
- State Ex Rel. Bushman v. VandenbergOregon Supreme Court · 1955
- Briedwell v. HendersonOregon Supreme Court · 1921
- Federal Cartridge Corp. v. HelstromOregon Supreme Court · 1954
- Morris, Mather & Co. v. Port of AstoriaOregon Supreme Court · 1932
20 more not listed; retrieve them via the Exa API.