Legal Opinion

State v. Evans

Oregon Supreme Court

Decided October 10, 1916PublishedCited by 10 opinions

From Multnomah: William N. Gatens, Judge. Department 1. Statement hy Mr. Justice Harris. This is an action hy the state on the relation of School District No.' 25, and others, against J. Ward Evans and others. The following are the facts: Petitions were circulated in seven school districts of the third class and numbered 35, 36, 39, 41, 43, 48 and 50, asking the district boundary hoard to call an election to unite them for high school purposes.

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From Multnomah: William N. Gatens, Judge. Department 1. Statement hy Mr. Justice Harris. This is an action hy the state on the relation of School District No.' 25, and others, against J. Ward Evans and others. The following are the facts: Petitions were circulated in seven school districts of the third class and numbered 35, 36, 39, 41, 43, 48 and 50, asking the district boundary hoard to call an election to unite them for high school purposes. The petition for district No. 36 and one circulated in district No. 50 were not signed hy one third of the legal voters, and for that reason they were…

1Opinion of the CourtJustice Harris

The relators allege that union high school district No. 1 does not legally exist, for the reason that the *51petitions asked for the consolidation of seven school districts while the election was called to unite five districts. The defendants say that the relators cannot question the legality of the original organization of the high school district, because all of the relators reside in school district No. 25 and none of them pay taxes on property in any of the five school districts which were united by the original organization of the high school district. An examination of this phase of the…

2Cases cited36 opinions

  1. Louisville & Nashville Railroad v. GarrettSupreme Court of the United States · 1913
  2. Chicago, Burlington & Quincy Railway Co. v. BabcockSupreme Court of the United States · 1907
  3. President of the Monongahela Bridge Co. v. United StatesSupreme Court of the United States · 1910
  4. Morrill v. MorrillOregon Supreme Court · 1890
  5. Intermountain Rate CasesSupreme Court of the United States · 1914

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3Cited by10 opinions

  1. School District No. 7 v. WeissenfluhOregon Supreme Court · 1963
  2. Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
  3. State v. Deschutes CountyOregon Supreme Court · 1918
  4. State Ex Rel. Pickrell v. DowneyArizona Supreme Court · 1967
  5. State Ex Rel. Brown v. BaileyOregon Supreme Court · 1935

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