Legal Opinion

State v. Port of Bayocean

Oregon Supreme Court

Decided June 10, 1913PublishedCited by 5 opinions

From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice McBride. This is a proceeding in the nature of quo warranto, by the State of Oregon, upon the relation of Edward Blum, B. W. Turner, Chas.

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From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice McBride. This is a proceeding in the nature of quo warranto, by the State of Oregon, upon the relation of Edward Blum, B. W. Turner, Chas. Desmond, James Holland, Andrew Brown, Frank Long, Sr., W. E. Anderson, Fred Blum, Henry Scliilds and James Simmons, to test the legality of the organization of the Port of Bayocean, an alleged municipal corporation, M. J. O’Donnell, James Christensen, E. C. Lockwood and W. F. Richardson, claiming to have been organized under the provisions of the statutes providing for the organization…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

1. The first contention of appellant is that by filing a complaint against the corporation eo nomine relators have admitted the existence of the corporation, and in support of this proposition they cite 2 Spelling, Ex. Bern., § 1844; 3 Abbott, Mun. Corp., § 1145, and numerous decisions. These do not apply in this case, as the defendant is described, not as a corporation, but as a pretended corporation, and the persons claiming to be the officers are not described nor impleaded as such, but as individuals only.

2. We do not believe the notice of election…

2Cases cited1 opinion

  1. State v. Port of Bay CityOregon Supreme Court · 1913

3Cited by5 opinions

  1. City of Salem v. Oregon-Washington Water Service Co.Oregon Supreme Court · 1933
  2. Hamilton v. RudeenOregon Supreme Court · 1924
  3. State ex rel. Great Northern Railway Co. v. HerschbergerWashington Supreme Court · 1921
  4. State Ex Rel. v. Port of Cascade LocksOregon Supreme Court · 1942
  5. State ex rel. Carson v. KozerOregon Supreme Court · 1922

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