Paine v. Wells
Oregon Supreme Court
Original proceedings in Supreme Court. Department 2. This is a proceeding in mandamus, instituted in this court to compel the assessor, sheriff and clerk of Morrow County, Oregon, to correct the assessment-rolls for the tax of 1917, “by calculating the rate per cent of the special tax voted by School District No. 25 of Morrow County, Oregon, on the twenty-seventh day of November, 1917,” and to levy and extend the said special tax on the assessment-rolls, and to certify and…
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Original proceedings in Supreme Court. Department 2. This is a proceeding in mandamus, instituted in this court to compel the assessor, sheriff and clerk of Morrow County, Oregon, to correct the assessment-rolls for the tax of 1917, “by calculating the rate per cent of the special tax voted by School District No. 25 of Morrow County, Oregon, on the twenty-seventh day of November, 1917,” and to levy and extend the said special tax on the assessment-rolls, and to certify and issue a warrant for, aud collect the same with the tax for 1917. The petition was filed and an alternative writ of…
1Opinion of the Court
BEAN, J. —
1. The first ground of the demurrer is based upon several propositions, a portion of which we will notice. It is contended by the counsel for defendants that essential allegations are omitted from the writ and without them the writ does not make that clear case required by the law. The necessary averments in an alternative writ of mandamus are stated in 13 Ency. of Pleading and Practice, pp. 677-681, substantially as follows: That the pleading must show, at least prima facie, a clear right existing in the relator to have the thing done which he seeks to enforce. It must allege .the…
2Cases cited14 opinions
- People ex rel. Stettauer v. OlsenIllinois Supreme Court · 1905
- Dawson v. KingCourt of Appeals of Maryland · 1864
- McLeod v. ScottOregon Supreme Court · 1891
- State ex rel. Good v. JohnIndiana Supreme Court · 1908
- State v. Malheur County CourtOregon Supreme Court · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Fidanque v. PaulusOregon Supreme Court · 1984
- Buell v. Jefferson County CourtOregon Supreme Court · 1944
- Johnson v. CRADDOCKOregon Supreme Court · 1961
- State Ex Rel. Bowles v. OlsonOregon Supreme Court · 1944
- State Ex Rel. Carlile v. FrostOregon Supreme Court · 1998
6 more not listed; retrieve them via the Exa API.