Malheur County v. Carter
Oregon Supreme Court
Prom Malheur: George E. Davis, Judge. Statement by Mr. Commissioner Slater. This action was brought by Malheur County against Charles Carter and Charles A. Goddard, as sureties upon an undertaking for bail, given to secure the appearance of Lee Kurts in the circuit court of that county at its next regular term after October 29, 1906, the date of the instrument.
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Prom Malheur: George E. Davis, Judge. Statement by Mr. Commissioner Slater. This action was brought by Malheur County against Charles Carter and Charles A. Goddard, as sureties upon an undertaking for bail, given to secure the appearance of Lee Kurts in the circuit court of that county at its next regular term after October 29, 1906, the date of the instrument. The complaint, after an averment of the corporate existence of the plaintiff, contains an allegation that the undertaking was given to the State by Kurts, stating the substance or legal effect of the undertaking, and that a copy…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. The undertaking upon which the action is based is made to the State, while the action is brought in the name of the county, where the accused was required to appear, and it is contended that the county cannot sue to enforce the penalty, but that the action should be in the name of the State. Heretofore the practice has been to sue in the name of the State (State v. Gardner, 29 Or. 254: 45 Pac. 753) or in the name of the district attorney, as authorized by Section 355 B. & C. Comp. (Hannah v. Wells, 4 Or. 249; Belt v. Spaulding, 17 Or. 130: 20 Pac. 827;…
2Cases cited24 opinions
- Redmond v. StateSupreme Court of Kansas · 1873
- Hawkins v. State ex rel. ReadIndiana Supreme Court · 1865
- Caspary v. City of PortlandOregon Supreme Court · 1890
- State v. LagoniMontana Supreme Court · 1904
- Fisher v. KellyOregon Supreme Court · 1896
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3Cited by12 opinions
- Askay v. MaloneyOregon Supreme Court · 1919
- Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
- Wright v. WhiteOregon Supreme Court · 1941
- Andersen v. TurpinOregon Supreme Court · 1943
- Lorenz Co. v. GrayOregon Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.