Brown v. Fleischner
Oregon Supreme Court
Appeal from Marion County. In §§ 5, 7, 8, 10 and 12 of the General Appropriation Bill passed by the Legislature in 1870, provisions were made for the redemption of warrants drawn on the penitentiary, incidental, executive and general funds, with a proviso in each case that said warrants should not be paid until after the same had been audited by an investigating commission, provided such commission was appointed.
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Appeal from Marion County. In §§ 5, 7, 8, 10 and 12 of the General Appropriation Bill passed by the Legislature in 1870, provisions were made for the redemption of warrants drawn on the penitentiary, incidental, executive and general funds, with a proviso in each case that said warrants should not be paid until after the same had been audited by an investigating commission, provided such commission was appointed. At the same session the Legislature adopted a joint resolution creating such a commission. Appellant petitioned for a mandamus to compel the payment of certain warrants drawn by the…
1Opinion of the Court
By the Court,
Thayer, J.:
This was a proceeding by petition for a writ of mandamus against the State Treasurer, L. Eleischner, to compel the payment of five certain State warrants, drawn in 1869 and *1351870 by Samuel É. May, late Secretary of State, upon said Treasurer, who refused payment thereof.
The application for the writ was argued at Chambers before the Judge of the Third Judicial District, Hon. B. P. Boise, and the writ dismissed, from which order the petitioner appeals to this Court.
Many points were discussed in the. argument of this case, by the counsel for both parties, which this…
2Cited by7 opinions
- Shattuck v. KincaidOregon Supreme Court · 1897
- State ex rel. Journal Publishing Co. v. KenneyMontana Supreme Court · 1890
- Morris v. Birmingham National BankSupreme Court of Alabama · 1890
- Smith v. RauhPutnam Circuit Court · 1910
- Martin v. TrainMuskingum Circuit Court · 1891
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