Elliott v. Tillamook County
Oregon Supreme Court
From Tillamook: George R. Baglet, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by Smith W. Elliott, a resident taxpayer of Tillamook County, Oregon, against that quasi municipality, A. M. Hare as county judge, and F. L. Owens and H. Y. Alley as county commissioners thereof, to enjoin the issue and sale of county bonds, the proceeds from which were intended to be used in constructing permanent roads within the county.
Read the full summary
From Tillamook: George R. Baglet, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by Smith W. Elliott, a resident taxpayer of Tillamook County, Oregon, against that quasi municipality, A. M. Hare as county judge, and F. L. Owens and H. Y. Alley as county commissioners thereof, to enjoin the issue and sale of county bonds, the proceeds from which were intended to be used in constructing permanent roads within the county. The complaint details the proceedings employed to secure an issue of the bonds, and alleges the petition therefor was insufficient because it did not set forth…
1Opinion of the CourtJustice Moore
Section 10 of Article XI of the organic law of the state was amended by a vote of the electors November 8,1910, pursuant to an exercise of the initiative power, and that clause now reads:
“No county shall create any debts or liabilities which shall singly or in the aggregate exceed the sum of five thousand dollars, except to suppress insurrection or repel invasion, or to build permanent roads within the county, but debts for permanent roads shall be incurred only on approval of a majority of those voting on the question”: Gen. Laws Or. 1911, p. 11.
In order to execute the authority thus…
2Cases cited13 opinions
- Stern v. City of FargoNorth Dakota Supreme Court · 1909
- Smith v. Mayor of DublinSupreme Court of Georgia · 1901
- City of Oswego v. DavisSupreme Court of Kansas · 1916
- Tracy v. ReedU.S. Circuit Court for the District of Oregon · 1889
- State v. ThomasSupreme Court of Alabama · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Taos County Board of Education v. SedilloNew Mexico Supreme Court · 1940
- Fales v. Multnomah CountyOregon Supreme Court · 1926
- Hall v. JohnsonOregon Supreme Court · 1917
- White v. Curry County Board of EducationNew Mexico Supreme Court · 1932
- Grant v. City of Mineral WellsCourt of Appeals of Texas · 1921
6 more not listed; retrieve them via the Exa API.