Ellis v. Frazier
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by J. A. Ellis against William Frazier, as sheriff and ex officio tax collector, to- recover the possession' of a bicycle, or the sum of $io as its value, -in case possession thereof cannot be had, and the further sum of $5 damages for its alleged unlawful seizure and detention.
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From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by J. A. Ellis against William Frazier, as sheriff and ex officio tax collector, to- recover the possession' of a bicycle, or the sum of $io as its value, -in case possession thereof cannot be had, and the further sum of $5 damages for its alleged unlawful seizure and detention. The facts are that the defendant, as Sheriff of Multnomah County, appointed one J. W. Johnson as bicycle tax collector therein, who on June 22, 1900, by reason of the plaintiff’s failure to- pay a special tax of $1.25 levied upon all bicycles used in said1…
1Opinion of the CourtJustice Moore
The question presented for consideration is whether the act of the legislative assembly approved February 18, 1899 (Laws 1899, p. 152), imposing in certain counties a tax of $1.25 upon bicycles, contravenes the constitution of the state, thereby rendering any of the provisions of said statute void. It may be safely said that a court of last resort, in construing a statute, will place its decision upon other grounds if possible, rather than to annul the act of a co-ordinate department of the government; the rule being well settled in this sate that an act of the legislative assembly will not…
2Cases cited26 opinions
- Bright v. McCulloughIndiana Supreme Court · 1866
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- State v. ShawOregon Supreme Court · 1892
- City of Chicago v. CollinsIllinois Supreme Court · 1898
- Simon v. NorthupOregon Supreme Court · 1895
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3Cited by37 opinions
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