Legal Opinion

Dorothy v. Pierce

Oregon Supreme Court

Decided July 20, 1895PublishedCited by 7 opinions

Appeal from Umatilla: Morton D. Clifford, Judge. This is a suit to enjoin T. F. Rourke from collecting, Folsom, county treasurer, from paying, and Furnish, sheriff and tax collector, from receiving in payment of taxes, certain county warrants numbered from eight hundred and thirty-eight to eight hundred and ninety, inclusive, aggregating three thousand five hundred dollars, alleged to have been unlawfully issued by W. M. Pierce, county clerk of said county.

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Appeal from Umatilla: Morton D. Clifford, Judge. This is a suit to enjoin T. F. Rourke from collecting, Folsom, county treasurer, from paying, and Furnish, sheriff and tax collector, from receiving in payment of taxes, certain county warrants numbered from eight hundred and thirty-eight to eight hundred and ninety, inclusive, aggregating three thousand five hundred dollars, alleged to have been unlawfully issued by W. M. Pierce, county clerk of said county. The warrants were issued by order of the County Court of Umatilla County, Oregon, in payment of the purchase price of Rourke’s undivided…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

1. It is stoutly contended by counsel for defendants that the allegation that there is now in force as a debt against said county an amount exceeding forty thousand dollars “over and above all indebtedness incurred or required in the administration of the business affairs of the said county, in the payment of salaries, expenses in holding its courts, or any other debts or liabilities created by operation of law for the current fiscal year of said county,” contains by force of the phrase “for the current fiscal year ” a negative pregnant, and that while the…

2Cases cited4 opinions

  1. Grant County v. Lake CountyOregon Supreme Court · 1889
  2. Burnett v. MarkleyOregon Supreme Court · 1893
  3. Wormington v. PierceOregon Supreme Court · 1892
  4. Moss v. CullyOregon Supreme Court · 1854

3Cited by7 opinions

  1. Rauch v. ChapmanWashington Supreme Court · 1897
  2. State v. MetschanOregon Supreme Court · 1896
  3. Eaton v. MimnaughOregon Supreme Court · 1903
  4. Brownfield v. HouserOregon Supreme Court · 1897
  5. Williamson v. HurlburtOregon Supreme Court · 1921

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