Monteith v. Parker
Oregon Supreme Court
From Linn : Henry H. Hewitt, Judge. This is a suit by D. B. Monteith, a citizen and taxpayer of the City of Albany, to enjoin A. E. Parker, the treasurer thereof, from paying certain city warrants alleged to have been unlawfully issued.
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From Linn : Henry H. Hewitt, Judge. This is a suit by D. B. Monteith, a citizen and taxpayer of the City of Albany, to enjoin A. E. Parker, the treasurer thereof, from paying certain city warrants alleged to have been unlawfully issued. It appears that the council of said city, in pursuance of legislative authority, negotiated a sale of its bonds, and, of the sum realized therefrom, set apart, by ordinance, $45,120 for the purpose of building a bridge across the Willamette River at some point adjacent to the city. The County Court of Linn County donated the sum of $40,000 for the same…
1Opinion of the CourtJustice Moore
The charter of the City of Albany contains the following provision : “The City of Albany shall not be bound by any contract, or in any way liable thereon, unless the same is authorized by ordinance,” etc. : Chapter XI, § 137, -Charter of Albany (Laws, 1891, p. 720). At the time the warrants in question were issued, Section 4 of Ordinance No. 161 of said city was in force, and provided that “When any city warrant shall be presented to the city treasurer, and there is no money in the treasury to pay the same, the treasurer shall indorse on the back of said warrant, ‘Presented and not paid for…
2Cases cited12 opinions
- United States v. North CarolinaSupreme Court of the United States · 1890
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- Seton v. HoytOregon Supreme Court · 1899
- City of Pekin v. ReynoldsIllinois Supreme Court · 1863
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3Cited by7 opinions
- Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
- Graham v. MerchantOregon Supreme Court · 1903
- Board of County Commissioners v. KaulSupreme Court of Kansas · 1908
- Young v. StateOregon Supreme Court · 1900
- State ex rel. Strahorn v. StoutWashington Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.