State v. Nyssa-Arcadia Drainage Dist.
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by the State of Oregon on relation of W. H. Brooke, district attorney, and Elbert Butler, Jr., against the Nyssa-Arcadia Drainage District, a pretended g'wfflsi-municipal corporation, and D. Tessen, Boy Williams and J. C. Fleming, pretended supervisors, and Frank D. Hall, pretended secretary-treasurer, in the nature of quo warranto for the purpose of attacking the legality of the…
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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by the State of Oregon on relation of W. H. Brooke, district attorney, and Elbert Butler, Jr., against the Nyssa-Arcadia Drainage District, a pretended g'wfflsi-municipal corporation, and D. Tessen, Boy Williams and J. C. Fleming, pretended supervisors, and Frank D. Hall, pretended secretary-treasurer, in the nature of quo warranto for the purpose of attacking the legality of the organization of the defendant drainage district. The complaint sets out in detail all the steps taken in the…
1Opinion of the CourtJustice Benson
1. There are quite a number of alleged irregularities of which complaint is made, and we shall try to discuss these in their logical sequence. The first is the fact that the incorporators ignored the provisions of Chapter 4 of Title XLI, L. O. L., as amended by Chapter 241 of the Laws of 1911, and proceeded exclusively under the provisions of Chapter 340 of the Laws of 1915. These two acts cover the same subject, and in many respects are practically identical to such an extent that we may safely say that no important detail of the earlier statute is not covered in some manner by the later…
2Cases cited3 opinions
- McFarlane v. CorneliusOregon Supreme Court · 1903
- Little v. CogswellOregon Supreme Court · 1891
- Continental Ins. v. RiggenOregon Supreme Court · 1897
3Cited by4 opinions
- Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
- Valley Center Drain District Johnston v. EderMontana Supreme Court · 1922
- State Ex Rel. Kiesel's Estate v. BishopOregon Supreme Court · 1942
- State v. MehaffeyOregon Supreme Court · 1916