Ex parte Howe
Oregon Supreme Court
Appeal from Klamath: W. C. Hale, Judge. This is an appeal brought by Wm. E. Howe to reverse a judgment refusing to discharge him from arrest on a habeas corpus proceeding.
Read the full summary
Appeal from Klamath: W. C. Hale, Judge. This is an appeal brought by Wm. E. Howe to reverse a judgment refusing to discharge him from arrest on a habeas corpus proceeding. From the petition it appears that on July ninth, eighteen hundred and ninety-four, one O. H. Harshbarger filed two informations with a justice of the peace of Klamath County, charging the petitioner with having on hand, as treasurer of said county, on the thirty-first day of March, and on the twelfth day of April, eighteen hundred and ninety-four, respectively, the sum of four thousand seven hundred and thirty-nine dollars,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. It is contended that the object and intent of the legislature, as expressed in the section referred to, was to provide a civil remedy against a defaulting county treasurer, and not to make his neglect of official duty a crime. It seems to us the language of the section is conclusive *184upon this point. After providing that all county warrants indorsed “Not paid for want of funds,” shall draw interest from the date of such indorsement until the treasurer gives notice by publication in some newspaper printed or circulated in the county that there are funds to…
2Cases cited9 opinions
- State v. ShawOregon Supreme Court · 1892
- Anderson v. BennettOregon Supreme Court · 1888
- State ex rel. Harris v. LaughlinSupreme Court of Missouri · 1882
- Barton v. SaundersOregon Supreme Court · 1888
- Yellow River Improvement Co. v. ArnoldWisconsin Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Huffman v. AlexanderOregon Supreme Court · 1952
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Oregon Growers' Co-operative Ass'n v. LentzOregon Supreme Court · 1923
- State v. RobinsonOregon Supreme Court · 1897
- Semler v. Oregon State Board of Dental ExaminersOregon Supreme Court · 1934
18 more not listed; retrieve them via the Exa API.