Osborne v. Zimmerman

This is a proceeding instituted by Mr. W. R. Osborne, plaintiff, for the purpose of contesting the nomination, at the primary election held on May 17, 1940, of Mr. Peter Zimmerman, defendant, as a republican candidate for representative from Yamhill county, in the House of Representatives in the state of Oregon. Both Mr. Osborne and Mr. Zimmerman were candidates for that nomination at snch primary election.

The proceeding was dismissed by the trial court upon motion of defendant for the reason notice of such contest was not served upon defendant within the time required by section 36-802,…