Bayless v. Douglas County
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Eakin. This is an appeal from a judgment of the circuit court dismissing a writ of review which was issued for the purpose of reviewing the action of the district boundary board of Douglas County in the following matter: On October 20, 1908, legal voters in school districts Nos. 19 and 106 of that county, which are adjoining districts, petitioned the board to change the boundary between those districts.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Eakin. This is an appeal from a judgment of the circuit court dismissing a writ of review which was issued for the purpose of reviewing the action of the district boundary board of Douglas County in the following matter: On October 20, 1908, legal voters in school districts Nos. 19 and 106 of that county, which are adjoining districts, petitioned the board to change the boundary between those districts. Notice of the petition was given by the county school superintendent and was duly posted in such districts for ten days before…
1Opinion of the CourtJustice Eakin
1. But one question is suggested upon the appeal, viz., whether the district boundary board is without authority to act in this cáse, for the reason that no method of procedure is provided by law. Plaintiffs contend that the act of the legislature of 1907 (Laws 1907, p. 193), providing for the betterment of the system of public education in the state, is not a re-enactment of the former statute upon the same subject, but a new and independent statute, and therefore is not affected by other portions of the earlier statute which provide a method of procedure. We cannot agree with this view.
In…
2Cases cited5 opinions
- State ex rel. v. Malheur County CourtOregon Supreme Court · 1909
- Renshaw v. Lane County CourtOregon Supreme Court · 1907
- Small v. LutzOregon Supreme Court · 1902
- City of Eugene v. Willamette Valley Co.Oregon Supreme Court · 1908
- School District v. PalmerOregon Supreme Court · 1902
3Cited by3 opinions
- State v. WareOregon Supreme Court · 1916
- Brunnabend v. TibblesMontana Supreme Court · 1926
- Portland v. BlueOregon Supreme Court · 1915