Legal Opinion

Union County v. Hyde

Oregon Supreme Court

Decided June 28, 1894PublishedCited by 5 opinions

Appeal from Union; Morton D. Clifford and James A. Fee, Judges. In the case of Union County v. Hyde, the complaint alleges that while the defendant was district attorney of the sixth judicial district in Union County he presented to the circuit court of said county, at the October term, eighteen hundred and ninety-three, his bill for services performed at that term, both before the grand jury and before the court, amounting to five hundred and ninety-two dollars; that…

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Appeal from Union; Morton D. Clifford and James A. Fee, Judges. In the case of Union County v. Hyde, the complaint alleges that while the defendant was district attorney of the sixth judicial district in Union County he presented to the circuit court of said county, at the October term, eighteen hundred and ninety-three, his bill for services performed at that term, both before the grand jury and before the court, amounting to five hundred and ninety-two dollars; that thereupon said court made and entered an order allowing said bill as claimed, and that defendant immediately thereafter drew…

1Per curiam

The questions in this case are:—

1. Is the action of the circuit court, under section 1074, Hill’s Code, in ascertaining the fees to which the district attorney is entitled, and directing an order to be entered upon the journal that the same be paid, a final adjudication, so as to prevent a county which has paid the amount so allowed from recovering so much thereof as was unauthorized by law? We are of the opinion that in such case the court acts in an auditing capacity,, or as auditor, and, while the sums allowed are prima facie evidence as to the amounts due the district attorney, the order…

2Cited by5 opinions

  1. State v. YoungSupreme Court of Iowa · 1907
  2. City of Bend v. Title & Trust Co.Oregon Supreme Court · 1929
  3. Frankl v. BaileyOregon Supreme Court · 1897
  4. Pape v. Title and Trust Co.Oregon Supreme Court · 1949
  5. Pacific County v. Willapa Harbor Publishing Co.Washington Supreme Court · 1915

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