Avery v. Job
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is a suit brought by certain residents and taxpayers of the city of Corvallis to restrain the mayor, police judge, and members of the' common council of said city from purchasing the plant of the Corvallis Water Company, and issuing bonds for the purpose of raising money to pay therefor.
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Appeal from Benton: J. C. Fullerton, Judge. This is a suit brought by certain residents and taxpayers of the city of Corvallis to restrain the mayor, police judge, and members of the' common council of said city from purchasing the plant of the Corvallis Water Company, and issuing bonds for the purpose of raising money to pay therefor. The case, as exhibited by the complaint, is that on the thirteenth day of July, eighteen hundred and ninety-two, the common council duly passed an ordinance providing for a special election to be held on the twenty-ninth day of August, eighteen hundred and…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
1. It is first insisted, in support of the demurrer, that under the charter the loan evidenced by thb bonds issued for the purpose of raising money to erect or purchase waterworks is not a debt or obligation of the city for the payment of which money raised by taxation can be used, and therefore the plaintiffs do not show any interest in the subject matter of the suit, or any injury to themselves, present or prospective, from the contemplated issue of bonds or the purchase of the waterworks. This argument is based upon that provision of the charter, which, after…
2Cases cited10 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- United States v. County of MacOnSupreme Court of the United States · 1879
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- United States v. County of ClarkSupreme Court of the United States · 1877
- Metcalfe v. City of SeattleWashington Supreme Court · 1890
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3Cited by26 opinions
- Golden Gate Bridge & Highway District v. FeltCalifornia Supreme Court · 1931
- DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
- Miller v. City of Des MoinesSupreme Court of Iowa · 1909
- City of Atlanta v. SteinSupreme Court of Georgia · 1900
- Lipscomb v. State Bd. of Higher Ed.Oregon Supreme Court · 1988
21 more not listed; retrieve them via the Exa API.