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STATE EX REL WERNMARK v. HOPKINS

213 Or. 669 (1958)

326 P.2d 121

327 P.2d 784

STATE EX REL WERNMARK v. HOPKINS

Supreme Court of Oregon.

Peremptory writ issued March 3, 1958.

Opinion June 4, 1958.

Petition for rehearing denied July 2, 1958.

Attorney(s) appearing for the Case

Hugh B. Collins and William V. Deatherage, Medford, argued the cause and filed a brief for relator.

George M. Roberts argued the cause for respondent. With him on the brief were Roberts, Kellington & Branchfield, Medford, and Thomas J. Reeder, District Attorney for Jackson County, and John C. Anicker, Jr., Deputy District Attorney for Jackson County.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, BRAND and WARNER, Justices.

DEMURRER OVERRULED AND PEREMPTORY WRIT ISSUED.

ROSSMAN, J.

This is a proceeding in mandamus which was instituted in this court as authorized by Constitution of Oregon, Art VII (amended), § 2. Immediately before this proceeding was instituted, the relator had tendered to the defendant, county clerk of Jackson County, a declaration of his candidacy for the Democratic nomination for the office of county judge of Jackson County, and the defendant had refused...

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