MOSEE v. CLARK


453 P.2d 176 (1969)

Dan E. MOSEE, Appellant, v. Donald E. CLARK, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted April 10, 1969.


Attorney(s) appearing for the Case

Malcolm J. Montague, Portland, argued the cause for appellant. With him on the briefs were Oliver I. Norville and Williams, Montague, Stark & Thorpe, Portland.

Cleveland C. Cory, Portland, argued the cause for respondent. With him on the brief were George M. Joseph, Morrison & Bailey, George H. Fraser, Terry W. Baker, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Before PERRY, C.J. and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN, and HAMMOND, JJ.


PER CURIAM.

This is an election contest brought under ORS 251.025. Incumbent County Commissioner Dan E. Mosee was defeated in the general election November 5, 1968, by Donald E. Clark, a former sheriff of the county. Mosee alleged that Clark had deliberately made false claims of incumbency during the election campaign. The trial court found against Mosee and dismissed the petition. Mosee appeals.

The only issue is...

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