Legal Opinion

Davin Land Co. v. School District No. 71

Oregon Supreme Court

Decided November 23, 1915PublishedCited by 2 opinions

From "Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is a suit by the Davin, Michellod Sheep & Land Company, a corporation, against School District No. 71, and others. The facts are as follows: The plaintiff, a corporation, owning property in Wallowa County upon which it pays taxes there, declares against the county, its sheriff and treasurer, and school districts 15 and 71 therein.

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From "Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is a suit by the Davin, Michellod Sheep & Land Company, a corporation, against School District No. 71, and others. The facts are as follows: The plaintiff, a corporation, owning property in Wallowa County upon which it pays taxes there, declares against the county, its sheriff and treasurer, and school districts 15 and 71 therein. The complaint avers: “That School District No. 15 in the said county of Wallowa for the year 1913 levied a special school tax of 5.5 mills against all the property in said district and had…

1Opinion of the CourtJustice Burnett

The allegations attacking the proceedings of the districts resulting in the imposition of taxes upon the property of the plaintiff are purely conclusions of law and contain no statement of any fact except that per*276sons voted on the motion to levy the tax who were not legal voters. As to that, it is not disclosed whether such persons voted for or against the scheme or in such numbers as would affect the result. The plaintiff cannot take anything by that statement. As to the other matter in the excerpt last quoted, it has been constantly decided by this court for many years that, if a pleader…

2Cases cited11 opinions

  1. O'Hara v. ParkerOregon Supreme Court · 1895
  2. Longshore Printing Co. v. HowellOregon Supreme Court · 1894
  3. Splonskofsky v. MintoOregon Supreme Court · 1912
  4. Morton v. WessingerOregon Supreme Court · 1911
  5. State ex rel. v. WilliamsOregon Supreme Court · 1904

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Oregon City v. Clackamas CountyOregon Supreme Court · 1926
  2. Credit Service Co. v. PetersOregon Supreme Court · 1925

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