State ex rel. v. Webster
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding upon a writ of mandamus issued upon the relation of H. C. King, requiring the defendant, Lionel R. Webster, county judge of Multnomah County, to render a verified statement to the county auditor of the amount due him for services each month since July 1, 1906, and to set out in detail the time he was absent from his office during that period, other than on official business,…
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding upon a writ of mandamus issued upon the relation of H. C. King, requiring the defendant, Lionel R. Webster, county judge of Multnomah County, to render a verified statement to the county auditor of the amount due him for services each month since July 1, 1906, and to set out in detail the time he was absent from his office during that period, other than on official business, as required by Section 3059, L. O. L., or show cause why he should not be required to do so. A demurrer to the writ was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
It appears that the defendant resigned from the office of county judge in May, 1910, at which time he ceased to exercise the office or act as county judge of Multnomah County;' and Section 3059, if applicable to county judges, *377which we do not decide, is functus officio as to duties required of defendant during the time he exercised the office. The controversy is at an end. The conditions have so changed that any judgment rendered upon this appeal could not be made effective: State ex rel. v. Grand Jury, 37 Or. 542 (62 Pac. 208); Moores v. Moores, 36 Or. 261…
2Cases cited3 opinions
- Moores v. MooresOregon Supreme Court · 1899
- State v. JuryOregon Supreme Court · 1900
- State ex rel. v. FieldsOregon Supreme Court · 1909
3Cited by13 opinions
- Merges v. MergesOregon Supreme Court · 1919
- Greyhound Park v. Oregon Racing CommissionOregon Supreme Court · 1958
- Stires v. SherwoodOregon Supreme Court · 1915
- Billion v. BillionOregon Supreme Court · 1927
- Oregon State Grange v. McKayOregon Supreme Court · 1951
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