Miller v. Henry
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is an injunction by George Miller against J. C. Henry, county judge, J. M. Selders and C. A. Galloway, county commissioners, Ed. Wright, county clerk, and John Frawley, as county treasurer and also individually. The facts are as follows: In the year 1908, John Frawley, treasurer of Union County, had on deposit in the Farmers’ & Traders’ National Bank of La Grande the sum of $21,146.31 of county funds.
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From Union: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is an injunction by George Miller against J. C. Henry, county judge, J. M. Selders and C. A. Galloway, county commissioners, Ed. Wright, county clerk, and John Frawley, as county treasurer and also individually. The facts are as follows: In the year 1908, John Frawley, treasurer of Union County, had on deposit in the Farmers’ & Traders’ National Bank of La Grande the sum of $21,146.31 of county funds. The bank failed, and a receiver was appointed by the Comptroller of Currency to wind up its affairs. In the end…
1Opinion of the CourtJustice McBride
This case has been very fully and ably presented by. both parties and presents a situation at once difficult and delicate — difficult because the courts of this country are not in accord as to the extent to which the legislature can go in matters of this character, and delicate *7because we are called upon to pass upon the constitutionality of an act of a co-ordinate branch of the State government.
1. It may be premised that courts will not pronounce an act of the legislature void or unconstitutional unless such unconstitutionality clearly appears beyond a reasonable doubt. Cline v. Greenwood,…
2Cases cited17 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Straw v. HarrisOregon Supreme Court · 1909
- People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. LaundyOregon Supreme Court · 1922
- County Department of Public Welfare v. PotthoffIndiana Supreme Court · 1942
- State Ex Rel. State Public Welfare Commission v. County Court of Malheur CountyOregon Supreme Court · 1949
- Bolivar Twp. Bd. of Fin. of Benton Co. v. HawkinsIndiana Supreme Court · 1934
- Lipscomb v. State Bd. of Higher Ed.Oregon Supreme Court · 1988
28 more not listed; retrieve them via the Exa API.