Bowlsby v. Fitzgerald
This text of 148 P. 53 (Bowlsby v. Fitzgerald) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court.
This case is a companion to State ex rel. v. Kirkpatrick, ante, p. 8 (148 Pac. 51) wherein we held that John W. Dyer had been legally acting as mayor of the City of Pendleton. The ordinance mentioned was assailed by the plaintiff on the theory that John W. Dyer did not possess the authority of mayor when, on December 9, 1914, he signed the ordinance as ‘ ‘ Chairman and Acting Mayor, ’ ’ and that therefore the ordinance is void. The conclusion reached by this court in State ex rel. v. Kirkpatrick, ante, p. 8 (148 Pac. 51), controls the instant case.
The ordinance was signed by a person lawfully acting as mayor, and the judgment rendered by the Circuit Court is affirmed. Affirmed.
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Cite This Page — Counsel Stack
148 P. 53, 76 Or. 14, 1915 Ore. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowlsby-v-fitzgerald-or-1915.