Sears v. James
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit brought by J. K. Sears, a taxpayer, for himself and on behalf of all other taxpayers, against C. W. James, personally and as superintendent of the state penitentiary, to compel that officer to account for and return to the state treasury money alleged to have been expended by him for his own private use, and to account for and pay over to the state treasury the value of the services of…
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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit brought by J. K. Sears, a taxpayer, for himself and on behalf of all other taxpayers, against C. W. James, personally and as superintendent of the state penitentiary, to compel that officer to account for and return to the state treasury money alleged to have been expended by him for his own private use, and to account for and pay over to the state treasury the value of the services of certain convicts employed by him, and to enjoin and restrain him from making further expenditures or further use of convicts.…
1Opinion of the CourtJustice BeaN
1. For the purposes of this appeal the averments of the complaint must be taken as true, and the single question is whether plaintiff can maintain the suit. That a taxpayer may invoke the interposition of a court of equity to prevent the illegal disposition of public funds is no longer open to. question in this State: Burness v. Multnomah County, 37 Or. 460 (60 Pac. 1005), and authorities there cited. But, where the fund has already been wasted or *55paid out, the action to recover it back must be brought by the state or municipality to which it belonged. It was so decided in Brownfield v.…
2Cases cited2 opinions
- Brownfield v. HouserOregon Supreme Court · 1897
- Burness v. Multnomah CountyOregon Supreme Court · 1900
3Cited by19 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Osburn v. StoneCalifornia Supreme Court · 1915
- Burt v. BlumenauerOregon Supreme Court · 1985
- Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
- Lipscomb v. State Bd. of Higher Ed.Oregon Supreme Court · 1988
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