STATE EX REL CHAPMAN v. APPLING


220 Or. 41 (1960)

348 P.2d 759

STATE EX REL CHAPMAN v. APPLING

Supreme Court of Oregon.

Demurrer sustained; mandamus disallowed January 20, 1960.


Attorney(s) appearing for the Case

Dean F. Bryson, Portland, argued the cause and submitted a brief for plaintiff.

Robert G. Danielson, Assistant Attorney General, Salem, argued the cause for defendant. With him on the briefs were Robert Y. Thornton, Attorney General, and Donal D. Sullivan, Assistant Attorney General, Salem.


DEMURRER SUSTAINED; MANDAMUS DISALLOWED.

LUSK, J.

1, 2. This is a proceeding in mandamus in which the relator is R.F. Chapman, state senator for the Seventh Senatorial District, comprising Coos and Curry Counties, and the defendant is Howell Appling, Jr., Secretary of State. The case is here on the defendant's demurrer to the alternative writ based on the ground that the alternative writ fails to state facts sufficient to constitute a cause of action. The...

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