Creason v. Douglas County
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 2. Statement by Mr. Justice Moore. The complaint herein substantially charges that the defendant is a duly constituted and organized county of the state; that the assessor of that county, between the first day of March, 1908, and the second Monday in September of that year, assessed section 36, in township 30 south, range 1 west of the Willamette Meridian, to A. I. Kelliher, and caused the valuation so made to be entered…
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From Douglas: James W. Hamilton, Judge. Department 2. Statement by Mr. Justice Moore. The complaint herein substantially charges that the defendant is a duly constituted and organized county of the state; that the assessor of that county, between the first day of March, 1908, and the second Monday in September of that year, assessed section 36, in township 30 south, range 1 west of the Willamette Meridian, to A. I. Kelliher, and caused the valuation so made to be entered upon the assessment-roll; that taxes were levied upon that assessment amounting to $130.64, no part of which was paid; that…
1Opinion of the CourtJustice Moore
1. The complaint herein having alleged that the plaintiff presented his claim for the repayment of the taxes which he had liquidated to the County Court of Douglas County, which denied the relief sought, was his exclusive remedy a review of the order of that court, or could he maintain an action, as undertaken in, this instance, on his demand? Unless some other mode or remedy has been exclusively provided by statute, an action at law may he prosecuted to final judgment against a county for the recovery of money the amount of which is not a matter of discretion to he exercised by a County…
2Cases cited6 opinions
- Spaur v. McBeeOregon Supreme Court · 1890
- Davis v. DavisOregon Supreme Court · 1890
- Crossen v. Wasco CountyOregon Supreme Court · 1882
- Flagg v. Columbia CountyOregon Supreme Court · 1908
- Wallowa County v. OakesOregon Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Branch v. LambertOregon Supreme Court · 1922
- Eastman v. CraryOregon Supreme Court · 1929
- Dixon Et Ux v. Schoonover Et UxOregon Supreme Court · 1961
- Darling v. ChristensenOregon Supreme Court · 1940
- Peninsula Drainage District No. 2 v. City of PortlandOregon Supreme Court · 1958
7 more not listed; retrieve them via the Exa API.