Obenchain v. Daggett
Oregon Supreme Court
From Klamath: Henry L. Benson, Judge. Statement by Mr. Chief Justice McBride. This is a proceeding in mandamus by M. M. Obenchain to compel Clande H. Daggett, county treasurer of Klamath County, to pay a warrant issued upon the general fund and held by plaintiff.
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From Klamath: Henry L. Benson, Judge. Statement by Mr. Chief Justice McBride. This is a proceeding in mandamus by M. M. Obenchain to compel Clande H. Daggett, county treasurer of Klamath County, to pay a warrant issued upon the general fund and held by plaintiff. The circumstances out of which it arose are as follows: The general fund of Klamath County being in debt in excess of the constitutional limit, the County Court of that county, wishing to construct a courthouse with cash, levied a special tax for that purpose, the proceeds to go into a special cash fund to be used for that purpose…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The following provisions of our Constitution and statutes bear upon the matter now under consideration: Article IX, Section 3 thereof, is as follows: “No tax shall be levied, except in pursuance of law.” Under this provision of the Constitution the legislature of our state, Section 937, L. O. L., declares that the County Court has the authority and powers pertaining to county commissioners to transact county business, and, among other things, provides: “1. To provide for the erection and repairing of courthouses, jails, and other necessary public…
2Cases cited7 opinions
- Swartz v. Board of CommissionersIndiana Supreme Court · 1902
- Eaton v. MimnaughOregon Supreme Court · 1903
- Bowers v. NeilOregon Supreme Court · 1912
- Corbett v. City of PortlandOregon Supreme Court · 1897
- Brix v. Clatsop CountyOregon Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Great Northern Railway Co. v. Stevens CountyWashington Supreme Court · 1919
- Dougan v. Van RiperOregon Supreme Court · 1921
- State Ex Rel. Umatilla County v. DavisOregon Supreme Court · 1938