STATE Ex Rel MADDEN v. CRAWFORD

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the statute is the exclusive “remedy or proceeding by which is determined the legality of a claim which a party asserts to the use or exercise of an office or franchise and ousts the holder from its enjoyment, if the claim is not well founded”
• although statute authorizing circuit judges to sit pro tempore as Supreme Court judges was unconstitutional, acts performed by judges sitting in that capacity were not nullities
• acts of de facto judge cannot be collaterally attacked, but title or right to office can only be determined by way of quo warranto proceedings
• court held that statute allowing appointment of temporary supreme court justice was contrary to constitutional provision directing that such justices be elected by legal voters of state at large
• action challenging the manner in which the defendant acquired seat on Oregon Supreme Court
• acts as de facto judge cannot be col- laterally attacked; rather the “title or right to the office can be determined only in quo warranto proceedings, brought by or in the name of the state”

Source: CourtListener parenthetical corpus (CC0).