Witham v. McNutt

The plaintiff is a taxpayer and property owner within the territory commonly known as the “South Willamette Street Area”. The defendants are the city of Eugene, its mayor and councilmen. The complaint alleges that on 2 November 1948 a purported election was held in Lane County, Oregon, pursuant to Chapter 335, Oregon Laws 1947, at which the proposed annexation of the South Willamette Street Area to the city of Eugene was submitted to the voters. The complaint alleges:

“That the defendants directed one O. V. Gilmore to post notices of such purported election prior to such election at four…