Harney Valley Irrigation District v. Weittenhiller
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Banc. This is a proceeding commenced to determine the legality of the proceedings in connection with the organization of the Harney Valley Irrigation District.
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From Harney: Dalton Biggs, Judge. In Banc. This is a proceeding commenced to determine the legality of the proceedings in connection with the organization of the Harney Valley Irrigation District. It is admitted that immediately prior to December 4, 1919, the requisite number of legal petitioners addressed to the County Court of Harney County a petition praying that a hearing be had and an order made determining whether a sufficient number of owners of land in the proposed district had petitioned for the formation thereof and whether the petition and the notice of time of presentation thereof…
1Opinion of the CourtBurnett, C. J.
1. It is first contended by Weittenhiller, whom we will denominate “the defendant,” that the petition does not state facts sufficient to constitute a cause of suit, so to speak, in that it was authorized by only two directors, the bond of neither of whom had been approved by the county judge. This relates not to.the sufficiency of the facts to constitute a cause of suit, but merely to the legal capacity of the moving party to institute the proceeding. The position of the defendant is, not that the facts stated are insufficient to allow the court to institute an inquiry into the validity of…
2Cases cited3 opinions
- Russell v. Crook County CourtOregon Supreme Court · 1915
- State v. MacElrathOregon Supreme Court · 1907
- State v. MaddockOregon Supreme Court · 1911
3Cited by6 opinions
- Padlock Ranch, Inc. v. Washakie Needles Irrigation DistrictWyoming Supreme Court · 1936
- Hand v. HandMontana Supreme Court · 1957
- Harney Valley Irrigation District v. BoltonOregon Supreme Court · 1923
- In Re Scappoose Drainage DistrictOregon Supreme Court · 1925
- In Re Scappoose Drainage DistrictOregon Supreme Court · 1925
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