Legal Opinion

State v. Port of Tillamook

Oregon Supreme Court

Decided June 18, 1912PublishedCited by 65 opinions

From Tillamook: Henry L. Benson, Judge. Statement by Mr. Justice Bean. This is an action in the nature of quo warranto, brought by the State upon the relation of S. V. Anderson and Lillian Anderson against H. T. Botts, A. G. Beals, D. Fitzpatrick, James Walton, Jr., M. F. Leach, and the Port of Tillamook, to determine the right of the defendants to act as a municipal corporation. From a judgment in favor of defendants, plaintiff appeals.

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From Tillamook: Henry L. Benson, Judge. Statement by Mr. Justice Bean. This is an action in the nature of quo warranto, brought by the State upon the relation of S. V. Anderson and Lillian Anderson against H. T. Botts, A. G. Beals, D. Fitzpatrick, James Walton, Jr., M. F. Leach, and the Port of Tillamook, to determine the right of the defendants to act as a municipal corporation. From a judgment in favor of defendants, plaintiff appeals. The complaint is signed by the district attorney of the proper district. It alleges that the defendants are unlawfully exercising a public office and…

1Opinion of the CourtJustice Bean

The principal contentions on the part of plaintiff are (1) that there was no authority of law for organizing or reorganizing the present Port of Tillamook, and at the same time extending the boundaries thereof, so as to include territory outside the limits of the port as created by the act of 1899; (2) that in the attempt to organize or reorganize the Port of Tillamook the defendants did not show that they complied with the statutory requirement as to notices.

*3361. It is enacted by Section 366, L. O. L., that “An action at law may be maintained in the name of the State, upon the information of…

2Cases cited34 opinions

  1. Wheat v. SmithSupreme Court of Arkansas · 1887
  2. Straw v. HarrisOregon Supreme Court · 1909
  3. Cook v. Port of PortlandOregon Supreme Court · 1891
  4. Knox County v. Ninth National BankSupreme Court of the United States · 1893
  5. Attorney General ex rel. Kies v. LowreyMichigan Supreme Court · 1902

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3Cited by65 opinions

  1. State v. Port of AstoriaOregon Supreme Court · 1916
  2. Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
  3. State Ex Rel. Johnson v. City of SarasotaSupreme Court of Florida · 1926
  4. Lovejoy v. PortlandOregon Supreme Court · 1920
  5. State of Oregon v. CahillOregon Supreme Court · 1956

60 more not listed; retrieve them via the Exa API.

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