Warner v. Myers
Clackamas County Circuit Court, Oregon
Upon filing tbe petition for a mandamus in this case, it was ordered that the defendant show cause why a writ should not issue. At the time appointed, the parties appeared before the judge at chambers, and the defendant filed an answer to the petition.
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Upon filing tbe petition for a mandamus in this case, it was ordered that the defendant show cause why a writ should not issue. At the time appointed, the parties appeared before the judge at chambers, and the defendant filed an answer to the petition. The judge being of opinion that the petition should specifically state what property and prisoners were withheld or retained by the defendant, the petition was amended in that particular, and the defendant filed his answer as before. After argument, an alternative writ was allowed. The facts alleged in the petition and writ are substantially:…
1Opinion of the CourtUpton, J.
The petitioner’s right to a peremptory mandamus in this case, depends upon the question of law whether an incumbent of the sheriff’s office can prolong his term, or entitle himself to hold over beyond the two years fixed by law, by giving a notice, as provided on page 707 of the general laws, that the election will be contested.
This question is clearly settled by legislative acts, which will be referred to hereafter.
It may be well before examining the provisions of statute that define the rights and duties of these parties, to consider what is the office of the writ of mandamus, and to notice…
2Cases cited9 opinions
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Demarest v. . DargNew York Court of Appeals · 1865
- Sage v. HarpendingNew York Supreme Court · 1867
- Hyatt v. BatesNew York Supreme Court · 1861
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3Cited by4 opinions
- Tot v. GongOregon Supreme Court · 1918
- STATE EX REL. KASHMIR CORP. v. SchmidtOregon Supreme Court · 1981
- Downer's Administrator v. Zanesville BankOhio Supreme Court · 1833
- Luce v. TreasurerOhio Supreme Court · 1834