State ex rel. Durkheimer v. Grace
Oregon Supreme Court
Harney county. M. D. Clifford, Judge. Defendant appeals. This is a proceeding for a mandamus to require and direct the defendant to keep the office of county clerk in the town of Burns, the alleged county seat of Harney county.
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Harney county. M. D. Clifford, Judge. Defendant appeals. This is a proceeding for a mandamus to require and direct the defendant to keep the office of county clerk in the town of Burns, the alleged county seat of Harney county. The facts, in substance, are these: The petitioners allege that they are residents within the county and legal voters and taxpayers therein, etc., and that the town of Burns is situated in said county of ITarney; that the defendant was and now is the duly-qualified and elected county clerk of said county, and by virtue of his official position, is now and at all of…
1Opinion of the CourtLord, J.
— Two questions are presented by this record: (1) That the petitioners as relators do not have such an interest in the subject matter as to authorize them to institute such a proceeding, and (2) that the petition does not state facts sufficient to constitute a cause of action, in that it does not show that the town of Burns in the election received a majority of the votes cast for a permanent county seat, as found by th e canvass of such votes. Upon the first point, the contention is, that the fact that the petitioners are residents, legal voters and taxpayers of Harney county does not vest…
2Cases cited13 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
- Vance v. AustellSupreme Court of Arkansas · 1885
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
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3Cited by26 opinions
- Couey v. AtkinsOregon Supreme Court · 2015
- Kellas v. Department of CorrectionsOregon Supreme Court · 2006
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- Dickman v. School District No. 62cOregon Supreme Court · 1961
- In re DennyIndiana Supreme Court · 1901
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