Stout v. Yamhill County
Oregon Supreme Court
From Yamhill: George H. Burnett, Judge. This is an action by the firm of Stout & Martin to recover $1,010.80 for lumber alleged to have been sold and delivered by the plaintiffs to the defendant county.
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From Yamhill: George H. Burnett, Judge. This is an action by the firm of Stout & Martin to recover $1,010.80 for lumber alleged to have been sold and delivered by the plaintiffs to the defendant county. The complaint alleges that on the eighteenth day of June, 1894, the County Court of Yamhill County, sitting for the transacting of county business, duly designated and appointed one of its members, J. J. Henderson, to superintend the repair of an approach to a bridge on the public highway across the South Yamhill River, between McMinnville and Dayton, or to rebuild the same in such manner as…
1Opinion of the CourtJustice Bean
The rulings of the trial court were evidently based upon the theory that Henderson’s authority to make *319the contract upon which this action is based could be proven only by the records of the county court, and that parol evidence was not admissible to supplement such record as to facts which actually occurred, but of which the clerk neglected to make a proper record. In this we think the court was in error. A county court, when exercising the authority and powers pertaining to county commissioners under section 896 of Hill’s Ann. Laws, acts either as a court of inferior jurisdiction, or as the…
2Cases cited11 opinions
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