Legal Opinion

State v. Richardson

Oregon Supreme Court

Decided April 17, 1906PublishedCited by 45 opinions

From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is a special proceeding, instituted by the State of Oregon, on the relation of W. L. Gibson and others, against B. C. Richardson, as county judge of Malheur County, and G. W. Blanton and G. B. Glover, as commissioners thereof, to compel them as the county court of that county to declare the result of an election held therein, November 8, 1904, to determine whether the sale of intoxicating liquors as a…

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From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is a special proceeding, instituted by the State of Oregon, on the relation of W. L. Gibson and others, against B. C. Richardson, as county judge of Malheur County, and G. W. Blanton and G. B. Glover, as commissioners thereof, to compel them as the county court of that county to declare the result of an election held therein, November 8, 1904, to determine whether the sale of intoxicating liquors as a beverage should be prohibited in Nyssa Precinct in that county. At a former trial of this cause, a judgment dismissing…

1Opinion of the CourtJustice Moore

It is contended by defendants’ counsel that, as no further proceedings were ordered in remanding the cause on the former appeal, the court erred in permitting, over objection, the alternative writ of mandamus to be amended. In the early practice, when some particular, act was sought to be enforced, a mere *312letter from the sovereign' power was issued, addressed to the person upon whom the duty devolved, commanding him to perform it. No return was originally allowed to the order, a disobedience of which subjected the offender to punishment. As mandatory proceedings became more general, the…

2Cases cited26 opinions

  1. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  2. State ex rel. Bloxham v. GibbsSupreme Court of Florida · 1869
  3. York v. NashOregon Supreme Court · 1903
  4. Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
  5. Sandys v. WilliamsOregon Supreme Court · 1905

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3Cited by45 opinions

  1. People v. ValenciaCalifornia Supreme Court · 2017
  2. Hodges v. DawdySupreme Court of Arkansas · 1912
  3. Westbrook v. McDonaldSupreme Court of Arkansas · 1931
  4. Straw v. HarrisOregon Supreme Court · 1909
  5. Taxpayers to Limit Campaign Spending v. Fair Political Practices CommissionCalifornia Supreme Court · 1990

40 more not listed; retrieve them via the Exa API.

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