Everding v. McGinn

Citations

• 23 Or. 15
• 35 P. 178

Syllabus

<p>1. Statute of Another State Adopted Here — Judicial Construction.— In adopting the statute of another state, we adopt along with it the judicial construction which it had received in the former state prior to its adoption here. Orawford v. Roberts, 8 Or. 324; McIntyre v. Kamm, 12 Or. 253, and Trabant v. Rummell, 14 Or. 17 (12 Pac. Rep. 56), approved and followed.</p> <p>2. District Attorney — Discretion Will Not Be Controlled By Mandamus.— Hill’s Code, § 357, vests in each district attorney a discretion whether he will institute a prosecution under said section to try the title to an office, and mandamus will not lie to control such discretion.</p> <p>3. Proceeding to Try Title to Office — Public Prosecution. — The proceedings authorized by Hill’s Code, § 357, to try the title to an office is a public prosecution instituted and conducted by the public prosecutor under his official obligation and responsibility.</p> <p>[ Syllabus by Strahan, X]</p>