Warner v. Myers
Oregon Supreme Court
Appeal from Clackamas County. Respondent filed a petition in the Circuit Court of Clackamas County, praying for a writ oSf mandamus to compel appellant to deliver to him the jail of the county, with its appurtenances and property therein belonging to the county. The petition alleges that Warner was duly elected Sheriff of said county on the 6th day of June, 1870; and that since said election he has duly qualified and entered upon the duties of said office.
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Appeal from Clackamas County. Respondent filed a petition in the Circuit Court of Clackamas County, praying for a writ oSf mandamus to compel appellant to deliver to him the jail of the county, with its appurtenances and property therein belonging to the county. The petition alleges that Warner was duly elected Sheriff of said county on the 6th day of June, 1870; and that since said election he has duly qualified and entered upon the duties of said office. That Myers was the acting Sheriff of said county prior to the election and qualification of said petitioner. Myers, in his return to the…
1Opinion of the Court
By the Court,
Prim, C. J,:
This was a proceeding in the Circuit of Clackamas to compel appellant by a writ of mandamus to deliver to respondent the county jail with its appurtenances and property therein belonging to the county. Under the provisions of our Code the office of this writ is precisely the same as it was at common law. It may be issued to any inferior court, corporation, board, officer or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office of trust or station. (Civ. Code, § 588.) ' •
_ Two questions are raised by appellant on…
2Cases cited1 opinion
- Sage v. HarpendingNew York Supreme Court · 1867
3Cited by14 opinions
- Biggs v. McBrideOregon Supreme Court · 1889
- Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
- Kline v. McKelveyWest Virginia Supreme Court · 1905
- Portland v. CoffeyOregon Supreme Court · 1913
- Stevens v. CarterOregon Supreme Court · 1895
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