Morrow County v. Hendryx
Decision Date | 18 January 1887 |
Citation | 14 Or. 397,12 P. 806 |
Parties | MORROW CO. v. HENDRYX, Treasurer. |
Court | Oregon Supreme Court |
Appeal from circuit court, Umatilla county.
STRAHAN J.
On the application of Morrow county, an alternative writ of mandamus was issued out of the circuit court of Umatilla county directed to the appellant, as treasurer of Umatilla county. The command of the writ is that he pay out of the school moneys in the treasury of Umatilla county, Oregon, unto the treasurer of the county of Morrow, in said state, the sum of $2,149.32, and the further sum of $690.20, or that he appear on a day named, and show cause why he has not done so.
Section 583 of the Civil Code prescribes in what cases the writ of mandamus may issue. It is as follows:
At the regular session of the legislative assembly, in 1885, an act was passed entitled "An act to create the county of Morrow, and to fix the salaries of county judge and treasurer." Sess. Acts 1885, p. 239. After sundry provisions creating the county of Morrow, fixing its boundary, locating the county-seat temporarily at Heppner providing for the representation of such new county in the senate and house, section 5 of said act provides: ***"
Among other things, section 10 of said act contains the following: The remainder of ***"the section relates to the compensation of the board, and how the same shall be paid.
The report of the conclusions of said board is as follows:
To continue reading
Request your trial-
Blaine County v. Lincoln County
... ... Costa County v. Alameda County, 26 Cal. 642; Rogers ... v. Hayes, 3 Idaho 597, 32 P. 259; Nevada v. Board of ... Ormsby Co., 7 Nev. 392; Morrow Co. v. Hendryx, ... 14 Or. 397, 12 P. 806; Nez Perces Co. v. Latah Co., ... 3 Idaho 413, 31 P. 800; People v. Hester, 6 Cal ... 679; People v ... ...
-
Templeton v. Linn County
...welfare may demand." And the plenary power of the legislature over such corporations was fully recognized by this court in Morrow Co. v. Hendryx, 14 Or. 397, 12 P. 806. But was argued upon the trial that the act making counties liable for the neglect of those who may be intrusted with the a......
-
Baker County v. Benson
... ... apportionment bill was passed, repealing all prior acts in ... relation thereto, whereby the counties of Morrow, Umatilla, ... and Union were constituted the Twenty-Second, Union and ... Wallowa the Twenty-Fourth, and Baker, Harney, and Malheur the ... property and common burdens in such manner as to it may seem ... reasonable and equitable ( Morrow Co. v. Hendryx, 14 ... Or. 397, 12 P. 806; Templeton v. Linn Co., 22 Or ... 313, 29 P. 795, 15 L.R.A. 730), provided no county shall be ... ...
-
School Dist. No. 48, Clackamas County v. School Dist. No. 115, Clackamas County
... ... apportioning the assets and burdens in such manner as may be ... deemed just and reasonable. Morrow County v ... Hendryx, 14 Or. 397, 12 P. 806; Baker County v ... Benson, 40 Or. 207, 66 P. 815. In discussing this ... subject, a ... ...