State v. Hall
Oregon Supreme Court
From Marion : Reuben P. Boise, Judge. Suit by the state, on the relation of Levi Herren, against W. "W. Hall, County Clerk of Marion County, and another, to enjoin the delivery by the clerk and payment by the Treasurer of Marion County of a warrant ordered to be issued by the county court to George G. Bingham on a claim presented by him for services in the collection of delinquent taxes.
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From Marion : Reuben P. Boise, Judge. Suit by the state, on the relation of Levi Herren, against W. "W. Hall, County Clerk of Marion County, and another, to enjoin the delivery by the clerk and payment by the Treasurer of Marion County of a warrant ordered to be issued by the county court to George G. Bingham on a claim presented by him for services in the collection of delinquent taxes. The facts are that in September, 1898, the county court employed Mr. Bingham to collect, or assist in the collection of, delinquent taxes for the years 1892, 1893, 1894, 1895, and 1896, and to take charge of…
1Opinion of the Court
Ms. Chief Justice Bean,
after stating the facts, delivered the opinion of the court.
The plaintiff bases its right to relief on the ground that the county court had no power or authority to enter into a contract with Mr. Bingham to collect, or to assist in the collection of, delinquent taxes. The argument is that by law the sheriff is made the tax collector of the county, and the county court cannot interfere with his duties. But, conceding this position, the contract in question does not attempt to interfere with the duties of the sheriff or any other officer. The county court by statute is…
2Cases cited5 opinions
- Burnett v. MarkleyOregon Supreme Court · 1893
- Wilhelm v. Cedar CountySupreme Court of Iowa · 1878
- Martin v. Whitman CountyWashington Supreme Court · 1889
- Burness v. Multnomah CountyOregon Supreme Court · 1900
- Taylor v. Umatilla CountyOregon Supreme Court · 1877
3Cited by6 opinions
- Von Rosenberg v. LovettCourt of Appeals of Texas · 1914
- Chase v. Board of County CommissionersSupreme Court of Colorado · 1906
- Arnold v. Custer CountyMontana Supreme Court · 1928
- West v. Coos CountyOregon Supreme Court · 1925
- Baskin v. Marion CountyOregon Supreme Court · 1914
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