Legal Opinion

Cunningham v. Umatilla County

Oregon Supreme Court

Decided December 31, 1910PublishedCited by 11 opinions

From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit by Charles Cunningham and A. F. Michael against Frank Saling, county clerk of Umatilla County, Oregon, and ex-officio clerk of the county court of said county; George W. Bradley, treasurer of Umatilla County, Oregon, and the Thiel Detective Service Company, a corporation, to enjoin the delivery and payment of a warrant drawn by order of the county court of Umatilla County in favor of the…

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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit by Charles Cunningham and A. F. Michael against Frank Saling, county clerk of Umatilla County, Oregon, and ex-officio clerk of the county court of said county; George W. Bradley, treasurer of Umatilla County, Oregon, and the Thiel Detective Service Company, a corporation, to enjoin the delivery and payment of a warrant drawn by order of the county court of Umatilla County in favor of the Thiel Detective Agency for $856, for services rendered the county in procuring evidence to convict violators of the local…

1Opinion of the CourtJustice McBride

1. While the original employment of the detective in this matter was irregular and legally unauthorized, the action of the county court in allowing the bill and directing the payment of it amounted to a ratification of the original employment, so in this respect the case stands in the same condition as if the county court had employed the detective in the first instance: Steiner v. Polk County, 40 Or. 124 (66 Pac. 707).

2. While the testimony makes it clear that the indebtedness of the county exceeded the constitutional limit, yet it has been held that the constitutional inhibition only…

2Cases cited2 opinions

  1. Municipal Security Co. v. Baker CountyOregon Supreme Court · 1898
  2. Steiner v. Polk CountyOregon Supreme Court · 1901

3Cited by11 opinions

  1. Mount v. WelshOregon Supreme Court · 1926
  2. State v. LangleyOregon Supreme Court · 1958
  3. Lommasson v. School District No. 1Oregon Supreme Court · 1954
  4. Leathem & Co. v. Jackson CountySupreme Court of Arkansas · 1916
  5. Tracy Cement Tile Co. v. City of TracySupreme Court of Minnesota · 1919

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