Tazwell v. Davis
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is a special proceeding by George Tazwell against George N. Davis to contest the right of defendant to the office of circuit judge of Department No. 4 of the circuit court of the State of Oregon for the Fourth Judicial District, comprising Multnomah County. The trial court sustained a motion to quash the proceeding, and dismissed the petition. The contestant appeals.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is a special proceeding by George Tazwell against George N. Davis to contest the right of defendant to the office of circuit judge of Department No. 4 of the circuit court of the State of Oregon for the Fourth Judicial District, comprising Multnomah County. The trial court sustained a motion to quash the proceeding, and dismissed the petition. The contestant appeals. The election was held on the 5th day of November, 1912, at which George Tazwell, contestant, and George N. Davis, contestee, were candidates for the…
1Opinion of the CourtJustice Bean
1. In the absence of any statutory proceeding, the only remedy in the nature of a contest known to the common law is quo warranto, or, in modern times, an action in the nature of quo warranto. The determination of an election contest is a judicial function only so far as authorized by the statute. The court exercising the jurisdiction does not proceed according to the course of the common law, but must resort to the statute alone to ascertain its powers and mode of procedure. 15 Cyc. 394; Bradburn v. Wasco County, 55 Or. 539, 541 (106 Pac. 1018); Marsden v. Harlocker, 48 Or. 90 (85 Pac. 328:…
2Cases cited19 opinions
- Marsden v. HarlockerOregon Supreme Court · 1906
- Borders v. WilliamsIndiana Supreme Court · 1900
- Clark v. RobinsonIllinois Supreme Court · 1878
- Whitney v. BlackburnOregon Supreme Court · 1889
- City of Portland v. NottinghamOregon Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wilkinson v. McGillCourt of Appeals of Maryland · 1949
- Dunagan v. Town of Red RockSupreme Court of Oklahoma · 1916
- Messick v. DubyOregon Supreme Court · 1917
- Berg v. VeitSupreme Court of Minnesota · 1917
- Clayton v. PrinceSupreme Court of Minnesota · 1915
13 more not listed; retrieve them via the Exa API.