Robertson v. State Land Board
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a special proceeding instituted by C. H. Robertson against T. T. Geer, as Governor, Charles S. Moore, as Treasurer, and F. I. Dunbar, as Secretary of State, of the State of Oregon, constituting, by virtue of their respective offices; .the State Land Board, to compel them to accept plaintiff’s application to purchase certain alleged school land!of the State of Oregon and to issue to him a certificate of sale therefor, or to show…
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From Marion: Reuben P. Boise, Judge. This is a special proceeding instituted by C. H. Robertson against T. T. Geer, as Governor, Charles S. Moore, as Treasurer, and F. I. Dunbar, as Secretary of State, of the State of Oregon, constituting, by virtue of their respective offices; .the State Land Board, to compel them to accept plaintiff’s application to purchase certain alleged school land!of the State of Oregon and to issue to him a certificate of sale therefor, or to show cause why they had not done so-. A petition therefor having been filed, an alternative writ of mandamus was issued,…
1Opinion of the CourtChief Justice Moore
The question presented by this appeal is whether mandamus will lie to compel the members of the State Land Board to cancel a contract for the sale of state land and to declare a forfeiture of the money paid on account thereof. It is contended by plaintiff’s counsel that, the demurrer to the alternative writ having admitted that D. W. and A. C. Huff had been in default more than one year in the payment of the principal and interest, their certificates of sale had become void, and the money paid by them on account of their purchases forfeited, and hence the court erred in sustaining the…
2Cases cited9 opinions
- McIntire v. WoodSupreme Court of the United States · 1813
- Gaines v. ThompsonSupreme Court of the United States · 1869
- Frink v. ThomasOregon Supreme Court · 1891
- Catholic Bishop of Nesqually v. GibbonSupreme Court of the United States · 1895
- Craig v. LeitensdorferSupreme Court of the United States · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
- State Highway Commission v. RawsonOregon Supreme Court · 1957
- Banzhaf Banzhaf v. Swan Co.Wyoming Supreme Court · 1944
- Miller v. WattierOregon Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.