State v. Cook
Oregon Supreme Court
From Morrow : William R. Ellis, Judge. This action was instituted by the state, on the relation of J. D. French against Andrew J. Cook, to determine the title to the office of road supervisor of District No. 8, Morrow County, Oregon, as between the relator and the defendant.
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From Morrow : William R. Ellis, Judge. This action was instituted by the state, on the relation of J. D. French against Andrew J. Cook, to determine the title to the office of road supervisor of District No. 8, Morrow County, Oregon, as between the relator and the defendant. The complaint states, in substance, that the relator was, on June 4, 1900, elected to the office; that a commission was duly issued to him by the county clerk of Morrow County certifying his election thereto ; that he subsequently accepted the office, and qualified by taking and subscribing the .requisite oath ; but that…
1Opinion of the CourtJustice Wolverton
1. Our first inquiry will be directed to the nature of the proceeding and the manner of its prosecution. The statute has abolished the writ of quo warranto and proceedings by information in the nature of quo warranto (Hill’s Ann. Laws, § 354); but it is only as to the form of these writs that the statute is operative. The remedies still remain, and may be made available by means of the action designed to take their place and subserve their purpose. It may be appropriately denominated a civil action, as it is provided for and given a place in the Code of Civil Procedure, while it may still…
2Cases cited15 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. Port of TillamookOregon Supreme Court · 1912
- State v. SengstackenOregon Supreme Court · 1912
- State Ex Rel. Security Savings & Trust Co. v. School District No. 9Oregon Supreme Court · 1934
- State v. EvansOregon Supreme Court · 1916
- State v. MillisOregon Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.