Shively v. Pennoyer
Oregon Supreme Court
Appeal from Marion: Reuben P. Boise, Judge.» This is a mandamus proceeding by Charles W. Shively to compel the board of commissioners for the sale of school and university lands to execute to plaintiff a quitclaim deed to tide lands in front of certain lots and blocks of the city of Astoria. The alternative writ issued upon filing the petition was attacked by demurrer, which, being sustained, the plaintiff filed an amended petition by leave of the court.
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Appeal from Marion: Reuben P. Boise, Judge.» This is a mandamus proceeding by Charles W. Shively to compel the board of commissioners for the sale of school and university lands to execute to plaintiff a quitclaim deed to tide lands in front of certain lots and blocks of the city of Astoria. The alternative writ issued upon filing the petition was attacked by demurrer, which, being sustained, the plaintiff filed an amended petition by leave of the court. The defendants thereupon interposed a demurrer to this petition, which was sustained by the court, and this action is assigned here as error.
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The alternative writ is deemed the complaint in mandamus proceedings, and by it their sufficiency must be tested, and not by the petition. We have here, then, for our determination the sufficiency of the alternative writ, challenged by the demurrer thereto.
2. For the purpose of a reexamination of the questions considered by the court below, we will treat the alternative writ as though it contained all the allegations of the amended petition. These allegations are in substance as follows, omitting formal matters: That prior to the twentieth day of December,…
2Cases cited7 opinions
- Woods v. SawtelleCalifornia Supreme Court · 1873
- Hildebrand v. StewartCalifornia Supreme Court · 1871
- Page v. HobbsCalifornia Supreme Court · 1865
- Corpe v. BrooksOregon Supreme Court · 1880
- Schieffery v. TapiaCalifornia Supreme Court · 1885
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3Cited by7 opinions
- State Ex Rel. Bell v. PierceOregon Supreme Court · 1926
- Crawley v. MunsonOregon Supreme Court · 1929
- De Laittre v. Board of Com'rsU.S. Circuit Court for the District of Oregon · 1907
- Plitt v. GrimCourt of Appeals of Maryland · 1959
- Olcott v. HoffOregon Supreme Court · 1919
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