State ex rel. v. Dunbar
Oregon Supreme Court
From Marion: William- Galloway, Judge. Statement by Me. Justice Eakin. This is a suit originally commenced by J. K. Sears, a taxpayer, on behalf of the State, alleging that between January 14, 1899, and January 14, 1907, defendant, as Secretary of State, had received for the use and benefit of the State a large amount of money as fees for filing various papers, issuing commissions and licenses, recording documents, and copying public records, which mdney he had converted to…
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From Marion: William- Galloway, Judge. Statement by Me. Justice Eakin. This is a suit originally commenced by J. K. Sears, a taxpayer, on behalf of the State, alleging that between January 14, 1899, and January 14, 1907, defendant, as Secretary of State, had received for the use and benefit of the State a large amount of money as fees for filing various papers, issuing commissions and licenses, recording documents, and copying public records, which mdney he had converted to his own use, and asks that' an accounting be taken of the sums of money so received and for a decree requiring defendant…
1Opinion of the CourtJustice Eakin
At the trial the defendant, by motion and demurrer, questioned the power of the court to permit by an amended complaint a substitution of the State as plaintiff in place of Sears, and also the power of a district attorney of his own motion to institute a proceeding on behalf of *48the State to recover a debt due to it. . The trial court denied the motion and overruled the demurrer, and the defendant presses these contentions here; but we find it unnecessary to consider them, as the case is disposed of in his favor on the merits.
1. The foundation of plaintiff’s right of recovery, as disclosed by…
2Cases cited4 opinions
- Briscoe v. Clark CountyIllinois Supreme Court · 1880
- Howard v. Clatsop CountyOregon Supreme Court · 1902
- State v. MooreOregon Supreme Court · 1900
- People v. AdamsAppellate Court of Illinois · 1896
3Cited by8 opinions
- Anderson v. HinmanMontana Supreme Court · 1960
- Richardson v. MorrisonCalifornia Court of Appeal · 1929
- Wright v. BeveridgeOregon Supreme Court · 1926
- Bell v. MartinOregon Supreme Court · 1913
- Miller v. CorteseCalifornia Court of Appeal · 1954
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