Legal Opinion

Brewster v. Crook County

Oregon Supreme Court

Decided September 19, 1916PublishedCited by 1 opinion

Prom Crook: T. E. J. Duffy, Judge. In Bane. Statement by Mr. Justice Bean. This is an action by George H. Brewster against Crook County to recover a balance of $155 for services as water-master in Crook County, and $177 for the work of assistants for 46 days, claims for which Were assigned to plaintiff, Brewster. The cause was tried to the court and jury, and a verdict rendered in favor of plaintiff. Prom a judgment thereon the county appeals.

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Prom Crook: T. E. J. Duffy, Judge. In Bane. Statement by Mr. Justice Bean. This is an action by George H. Brewster against Crook County to recover a balance of $155 for services as water-master in Crook County, and $177 for the work of assistants for 46 days, claims for which Were assigned to plaintiff, Brewster. The cause was tried to the court and jury, and a verdict rendered in favor of plaintiff. Prom a judgment thereon the county appeals. Submitted on briefs under the proviso of Supreme Court Bule 18: 56 Or. 622 (117 Pac. xi).

1Opinion of the CourtJustice Bean

This matter was before us in the case of Brewster v. Springer, 80 Or. 68 (156 Pac. 434), and the law applicable thereto was plainly enunciated therein in an opinion by Mr. Justice Eakin. In the present case the jury has passed upon the facts so that little re*437mains to be said except to consider the assignments of error upon the trial.

1, 2. The overruling of the demurrer to the complaint is assigned as error by the defendant. That pleading shows, in effect, that plaintiff is the duly appointed, qualified and acting water-master; that, “under and by virtue of the order, authority and direction…

2Cases cited2 opinions

  1. Wattles v. Baker CountyOregon Supreme Court · 1911
  2. Brewster v. SpringerOregon Supreme Court · 1916

3Cited by1 opinion

  1. Irwin v. Klamath CountyOregon Supreme Court · 1919

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