Legal Opinion

State v. Mehaffey

Oregon Supreme Court

Decided December 18, 1916PublishedCited by 2 opinions

Original proceeding in Supreme Court. In Banc. Statement by Me. Justice Harris. This is an original proceeding by tbe State of Oregon, on tbe relation of M. Motscbenbacber and C. R. De Lap, directors of tbe Klamatb Drainage District in which an alternative writ of mandamus was issued out of this court directing A. A. Mehaffey to sign or to show cause for not signing certain bonds as secreta,ry of tbe Klamatb Drainage District.

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Original proceeding in Supreme Court. In Banc. Statement by Me. Justice Harris. This is an original proceeding by tbe State of Oregon, on tbe relation of M. Motscbenbacber and C. R. De Lap, directors of tbe Klamatb Drainage District in which an alternative writ of mandamus was issued out of this court directing A. A. Mehaffey to sign or to show cause for not signing certain bonds as secreta,ry of tbe Klamatb Drainage District. Tbe defendant answered by claiming that the bonds were not legally authorized. The Klamath Drainage District was organized on March 6, 1915, pursuant to Sections 6126…

1Opinion of the CourtJustice Habbis

1. Chapter 340, Laws 1915, although passed by the legislative assembly and filed in the office of the Secretary of State, had not become effective when the drainage district adopted its by-laws; but the statute did become effective prior to January 15, 1916, the date on which the directors ordered that an election be held to determine whether the directors could issue bonds. No bonds were issued or even authorized before Chapter 340 became operative. In State v. Nyssa-Arcadia Drainage District, 80 Or. 524 (157 Pac. 804), we held that Chapter 340 was a substitute for and therefore by…

2Cases cited2 opinions

  1. State v. Port of AstoriaOregon Supreme Court · 1916
  2. State v. Nyssa-Arcadia Drainage Dist.Oregon Supreme Court · 1916

3Cited by2 opinions

  1. School District No. 17 v. PowellOregon Supreme Court · 1955
  2. Board of Directors of Northern Wasco County People's Utility District v. KellyOregon Supreme Court · 1943

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