School Dist. No. 24 v. Smith
Oregon Supreme Court
Original Proceedings in Mandamus in Supreme Court. Department 2. ■ The plaintiff is an organized school district of Marion County, embracing the corporate limits of the City of Salem. The defendant is the duly elected, qualified, and acting county school superintendent. of Marion County.
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Original Proceedings in Mandamus in Supreme Court. Department 2. ■ The plaintiff is an organized school district of Marion County, embracing the corporate limits of the City of Salem. The defendant is the duly elected, qualified, and acting county school superintendent. of Marion County. This is an original proceeding in mandamus, in which it is alleged that, according to the school census of the plaintiff, there are 4,208 individuals between the ages of four and twenty years who on October 25, 1919, were actual residents of the, district; and that on November 28, 1919, after the census was…
1Opinion of the CourtJohns, J.
1. It is elementary that a demurrer admits the truth of all material statements in the *8pleading against the sufficiency of which it is directed. Hence it must be assumed that the County Court made the levy for county purposes and the two different levies for school purposes at the time and in the manner and form hereinafter set out.
Chapter 156, Laws of 1919, provides:
“For the purpose of creating a county school fund, the County Courts of the several counties of this state. are hereby required to levy at the same time other taxes are levied, a tax for school purposes upon all the taxable…
2Cases cited4 opinions
- Grant County v. Lake CountyOregon Supreme Court · 1889
- Municipal Security Co. v. Baker CountyOregon Supreme Court · 1898
- State v. StannardOregon Supreme Court · 1917
- State ex rel. Booth v. BryanOregon Supreme Court · 1894
3Cited by10 opinions
- Love v. City of DallasTexas Supreme Court · 1931
- White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
- Garbade and Boynton v. City of PortlandOregon Supreme Court · 1950
- City of Newport v. McLaneCourt of Appeals of Kentucky (pre-1976) · 1934
- State Ex Rel. School District No. 37 v. Clark CountyWashington Supreme Court · 1934
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