State v. Kay
Oregon Supreme Court
From Marion; William: Galloway, Judge. In Banc. Statement by Me. Justice Bean. This is a proceeding in mandapms by the State of Oregon, on the relation of Oswald West, Governor, and Ben W. Olcott, Secretary of State, to compel the defendant, T. B. Kay, State Treasurer, to surrender to the clerk of the state land board the notes and mortgages taken by the board upon loans of the common or irreducible school fund, University fund, and Agricultural College fund of the state,…
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From Marion; William: Galloway, Judge. In Banc. Statement by Me. Justice Bean. This is a proceeding in mandapms by the State of Oregon, on the relation of Oswald West, Governor, and Ben W. Olcott, Secretary of State, to compel the defendant, T. B. Kay, State Treasurer, to surrender to the clerk of the state land board the notes and mortgages taken by the board upon loans of the common or irreducible school fund, University fund, and Agricultural College fund of the state, aggregating $5,992,-758.71, and the records, books and papers used in connection therewith. The Circuit Court granted a…
1Opinion of the CourtJustice Bean
1, 2. The first point made by the defendant is that the alternative writ of ma/ndamus shows on its fact that the State of Oregon has no interest in the result of this action; and that the relators have no right to prosecute the action in the name of the state. At a meeting of the state land board on November 13, 1913, two of the relators, being a majority of the members of the state land board, passed an order directing that the Treasurer deliver to G. G. Brown, clerk of the *272board, the securities mentioned. It was unanimously instructed by tbe board that the district attorney bring…
2Cases cited12 opinions
- State v. LordOregon Supreme Court · 1896
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- Stevens v. MyersOregon Supreme Court · 1912
- State ex rel. Durkheimer v. GraceOregon Supreme Court · 1890
- Rutenic v. HamakarOregon Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Matter of Marriage of MullinaxOregon Supreme Court · 1982
- State v. FunkOregon Supreme Court · 1921
- Nordlund v. Lewis & Clark RailroadOregon Supreme Court · 1932
- Cranston v. StanfieldOregon Supreme Court · 1927
- Crowe v. AlbeeOregon Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.