Be Boest v. Gambell
Oregon Supreme Court
From Multnomah.: Arthur L. Frazer, Judge. This is a mandamus proceeding by Tinnies De Boest against the Mayor of Portland and A. N. Gambell, the city Auditor, to compel them to issue warrants in favor of the plaintiff, formerly an assistant and also chief engineer in the fire department, for the difference between the salaries of the respective offices as fixed by the charter, and what he agreed and stipulated to receive and was actually paid.
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From Multnomah.: Arthur L. Frazer, Judge. This is a mandamus proceeding by Tinnies De Boest against the Mayor of Portland and A. N. Gambell, the city Auditor, to compel them to issue warrants in favor of the plaintiff, formerly an assistant and also chief engineer in the fire department, for the difference between the salaries of the respective offices as fixed by the charter, and what he agreed and stipulated to receive and was actually paid. Briefly, the alternative writ alleges that the charter of the City of Portland, passed at the legislative session of 1893 (Laws, 1893, p. 857),…
1Opinion of the CourtJustice Bean
There are several important questions of procedure raised by counsel for the city, but we shall not discuss them, preferring to dispose of the case upon the merits. It is sought to sustain the rulings of the court below on the ground that the resolution of the Board of Fire Commissioners reducing plaintiff’s salary, and his agreement to accept such reduction, were both illegal and void, as against public policy, and, notwithstanding the fact that such agreement has been complied with, and that each month during his term of service the plaintiff voluntarily received and accepted the amount…
2Cases cited8 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- Willard v. WorshamSupreme Court of Virginia · 1882
- Beard v. City of DecaturTexas Supreme Court · 1885
- Hobbs v. . the City of YonkersNew York Court of Appeals · 1886
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3Cited by25 opinions
- Raymond v. ChristianCalifornia Court of Appeal · 1937
- School District No. 1 v. Teachers' Retirement Fund Ass'nOregon Supreme Court · 1939
- Rhodes v. City of TacomaWashington Supreme Court · 1917
- Taylor v. PhiladelphiaSuperior Court of Pennsylvania · 1936
- Brauer v. City of PortlandOregon Supreme Court · 1899
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