Fleischner v. Chadwick
Oregon Supreme Court
Appeal from Marion County. This is a special proceeding by petition for mandamus, brought by appellant against respondent before Hon. B. F. Bonham, in the Circuit Court for Marion County in vacation.
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Appeal from Marion County. This is a special proceeding by petition for mandamus, brought by appellant against respondent before Hon. B. F. Bonham, in the Circuit Court for Marion County in vacation. The object and prayer of the petition is to obtain a peremptory writ of mandamus directed to defendant to compel him to allow the account of the plaintiff theretofore verified and presented to him, and to issue warrants upon the treasury of the State for the amount of said account, which is for fifteen quarterly installments (to wit, from September 10, 1870, to June 10, 1871) of $100 each, of the…
1Opinion of the Court
By the Court,
Burnett, J.:
It is admitted that the law of 1864, authorizing the payment of the salary in this case, has been repealed by the law of 1868, unless the repealing statute is unconstitutional. If the law of 1868, or that portion of it repealing the law of 1864, is not in conflict with the Constitution, then the court committed no error in dismissing the cause. To declare a law unconstitutional, the court must be satisfied beyond a reasonable doubt that it is so.
It has been said by an eminent jurist, that when courts are called upon to pronounce the invalidity of an act of the…
2Cases cited6 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Branham v. LangeIndiana Supreme Court · 1861
- State ex rel. Maguire v. DraperSupreme Court of Missouri · 1870
- City of Portland v. StockOregon Supreme Court · 1863
- Cory v. SilcoxIndiana Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
- Hall v. DunnOregon Supreme Court · 1908
- Warren v. CrosbyOregon Supreme Court · 1893
- Sandys v. WilliamsOregon Supreme Court · 1905
- State v. CochranOregon Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.