Legal Opinion

State v. Boyer

Oregon Supreme Court

Decided May 22, 1917PublishedCited by 9 opinions

From Marion: George G. Bingham, Judge. The State of Oregon ex rel. Max Gehlhar, as district attorney of the State of Oregon for Marion County, brought this suit against U. G. Boyer, county clerk of the county of Marion, enjoining him as such official from placing a certain measure upon the ballot for the special election to he held on June 4, 1917. A demurrer being sustained and defendant refusing to further plead, an order was entered dismissing the suit and plaintiff…

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From Marion: George G. Bingham, Judge. The State of Oregon ex rel. Max Gehlhar, as district attorney of the State of Oregon for Marion County, brought this suit against U. G. Boyer, county clerk of the county of Marion, enjoining him as such official from placing a certain measure upon the ballot for the special election to he held on June 4, 1917. A demurrer being sustained and defendant refusing to further plead, an order was entered dismissing the suit and plaintiff appealed. Reversed and decree entered as prayed for in the complaint. In Banc. Statement by Mr. Chief Justice McBride. This…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

Much of the argument here is based upon the proposition that,the courts will not interfere to enjoin the passage of a bill on the ground that the measure is unconstitutional, and upon that point counsel cite: 14 R. C. L. 433; Lewis v. Denver City Waterworks Co., 19 Colo. 236 (34 Pac. 993, 41 Am. St. Rep. 248); Kadderly v. Portland, 44 Or. 118 (74 Pac. 710, 75 Pac. 222); Murphy v. East Portland, 42 Fed. 308; Chicago etc. R. Co. v. City of Lincoln, 85 Neb. 733 (124 N. W. 142, 19 Ann. Cas. 207); State v. Thorson, 9 S. D. 149 (68 N. W. 202, 33 L. R. A. 582);…

2Cases cited17 opinions

  1. Kadderly v. PortlandOregon Supreme Court · 1903
  2. Caseday v. LindstromOregon Supreme Court · 1904
  3. State v. OlcottOregon Supreme Court · 1912
  4. Norman v. Kentucky Board of ManagersCourt of Appeals of Kentucky · 1892
  5. State ex rel. Cranmer v. ThorsonSouth Dakota Supreme Court · 1896

12 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
  2. Boyd v. OlcottOregon Supreme Court · 1921
  3. Plumley v. HaleAlaska Supreme Court · 1979
  4. Portland General Electric Co. v. JuddOregon Supreme Court · 1948
  5. Young v. GallowayOregon Supreme Court · 1945

4 more not listed; retrieve them via the Exa API.

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