Morin v. Multnomah Co.
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. The respondent commenced an action against the connty to recover pay for bis services for tbe time during which he was held in order to compel his appearance as a witness in the case of State v. Cody.
Read the full summary
Appeal from the circuit court for Multnomah county. The respondent commenced an action against the connty to recover pay for bis services for tbe time during which he was held in order to compel his appearance as a witness in the case of State v. Cody. Issue having been joined in the action, the same was tried by the court, and the following facts and conclusions of law found: “(I) That on the nineteenth day of March, 1889, the plaintiff was an inhabitant of the county of Multnomah, and resided and had his place of employment within a half mile of the court house, where the circuit court held…
1Opinion of the CourtThayer, C. J.
Upon what principle a county m this State can be made liable in a case like the one under consideration I am unable to discover. That a county is a mere creation of the statute, and has no authority whatever beyond that which is delegated to it by the legislature, certainly ought to be understood by laymen as well as lawyers. Both classes should understand that county officials have no inherent authority, and can only do those acts which the legislature has prescribed. This rule holds good with regard to every inferior officer or tribunal, as well as to every civil or political agency of the…
2Cases cited1 opinion
- Daly v. Multnomah CountyOregon Supreme Court · 1886
3Cited by12 opinions
- Board of Commissioners, Greer County v. WatsonSupreme Court of Oklahoma · 1898
- Emery v. StateOregon Supreme Court · 1984
- Baker County v. BensonOregon Supreme Court · 1901
- Sears v. Gallatin CountyMontana Supreme Court · 1898
- Barber v. MossUtah Supreme Court · 1955
7 more not listed; retrieve them via the Exa API.