Legal Opinion

Gibbons v. Hood River Irr. Dist.

Oregon Supreme Court

Decided July 29, 1913PublishedCited by 6 opinions

Mandamus proceeding in Supreme Court. Statement by Mr. Justice Eakin. This is a petition in mandamus by J. J. Gibbons against tbe Hood Eiver Irrigation District, E. E. Stanton, E. W. Sweany, A. 0. Anderson, Frank Fenwick and E. W. Kelly, as the board of directors, Paul Hughes, as assessor, and L. E. Dart, as collector, of said Hood Eiver Irrigation District, to compel defendants to levy an assessment according to the method prescribed by Chapter 7, L. O. L. This cause is…

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Mandamus proceeding in Supreme Court. Statement by Mr. Justice Eakin. This is a petition in mandamus by J. J. Gibbons against tbe Hood Eiver Irrigation District, E. E. Stanton, E. W. Sweany, A. 0. Anderson, Frank Fenwick and E. W. Kelly, as the board of directors, Paul Hughes, as assessor, and L. E. Dart, as collector, of said Hood Eiver Irrigation District, to compel defendants to levy an assessment according to the method prescribed by Chapter 7, L. O. L. This cause is presented upon an alternative writ of mandamus, issued out of this court. After reciting the facts, the writ directs that…

1Opinion of the CourtJustice Eakin

1. The act of 1913 (Laws 1913, p. 382) amends Sections 6170, 6186, 6190, 6191, 6192, 6202. and 6212 of said Chapter 7, and repeals sections that are rendered unnecessary or inoperative by the amendment. The amendment of Section 6170 only abolishes or eliminates the two offices of assessor and collector, whose duty it is to assess and collect, respectively, the tax for payment of the obligations of the defendant company. The amendment of Section 6186 imposes upon the board of directors the duty before devolving upon the assessor, namely, the duty of preparing a budget of the financial needs of…

2Cases cited1 opinion

  1. Strand v. GriffithWashington Supreme Court · 1911

3Cited by6 opinions

  1. State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
  2. Moore v. OtisCourt of Appeals for the Eighth Circuit · 1921
  3. Perryman v. City Home BuildersSupreme Court of Oklahoma · 1926
  4. River Farms Co. v. California GibsonCalifornia Court of Appeal · 1935
  5. Kollock v. BarnardOregon Supreme Court · 1926

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