State ex rel. v. Malheur County Court
Oregon Supreme Court
Statement by Mr. Justice McBride. This is a proceeding in mandamus to compel the county court of Malheur County to amend an order of prohibition made by it in June, 1908. The writ sets forth: That, the petitioners are residents, taxpayers, and citizens of the City of Vale, in Malheur County, engaged in retail liquor business in that city, and have large sums of money invested in the same; that the city charter was passed by the legislature on the 21st day of February, 1905;…
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Statement by Mr. Justice McBride. This is a proceeding in mandamus to compel the county court of Malheur County to amend an order of prohibition made by it in June, 1908. The writ sets forth: That, the petitioners are residents, taxpayers, and citizens of the City of Vale, in Malheur County, engaged in retail liquor business in that city, and have large sums of money invested in the same; that the city charter was passed by the legislature on the 21st day of February, 1905; that the local option law went into effect June 24, 1904; that by the charter the city council was granted full power…
1DissentJustice King
delivered the following dissenting opinion.
I agree with the majority opinions in holding that the alternative writ does not state sufficient facts to entitle petitioners to the relief demanded, but for that reason only do I hold that the remedy sought to be invoked will not lie. The effect of the majority opinions, however, is to hold that, even though sufficient facts were stated to demonstrate that the election was void, mandamus would not be the proper remedy. With this conclusion I do not agree. If at the time the proceedings were instituted the county court had not declared the vote,…
2Cases cited12 opinions
- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- State v. RichardsonOregon Supreme Court · 1906
- Speer v. StephensonIdaho Supreme Court · 1909
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Fishburn v. LondershausenOregon Supreme Court · 1907
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