State v. Brown
Oregon Supreme Court
Appeal.from Marion County. This was an action at law, brought by the state, against Mart. Y. Brown to recover the sum of $18,295 66 alleged to have been overpaid him through mistake, on account of materials furnished and printing done by him for the state, during his official term as state printer, from September, 1874, to September, 1878. The complaint contains sixty-seven different counts, each expressing. a distinct cause of action, but as they are all in tlie same form,…
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Appeal.from Marion County. This was an action at law, brought by the state, against Mart. Y. Brown to recover the sum of $18,295 66 alleged to have been overpaid him through mistake, on account of materials furnished and printing done by him for the state, during his official term as state printer, from September, 1874, to September, 1878. The complaint contains sixty-seven different counts, each expressing. a distinct cause of action, but as they are all in tlie same form, the citation of a single one, for example, will suffice. The first count in the complaint, following the allegation of…
1Opinion of the Court
*219By the Court,
Watson, C. J.:
We have first to determine the nature and effect of the decisions of the secretary of state upon claims against the state, which have been presented for his allowance. Appellant contends that they should be regarded as judicial determinations, and conclusive as to the rights of both the claimant and the state, in all collateral proceedings. This proposition involves the assumption that the secretary, in auditing claims against the state, exercises judicial power. Bower vested in an administrative officer to act, at his discretion, is not necessarily judicial. Mr.…
2Cases cited14 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- Holmes v. D'CampNew York Supreme Court · 1806
- State ex rel. Drake v. DoyleWisconsin Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- State v. WeatherbySupreme Court of Missouri · 1939
- Derby v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1917
- Gibson v. KayOregon Supreme Court · 1914
- Vaughan v. County of TulareCalifornia Court of Appeal · 1922
8 more not listed; retrieve them via the Exa API.