State v. Pennoyer
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This suit was instituted by the State upon the relation of A. C. Taylor, to have the defendants Sylvester Pennoyer, governor; Philip Metschan, state treasurer; and Geo.
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Appeal from Marion: Geo. H. Burnett, Judge. This suit was instituted by the State upon the relation of A. C. Taylor, to have the defendants Sylvester Pennoyer, governor; Philip Metschan, state treasurer; and Geo. W. McBride, secretary of state, acting in their capacity as the board of commissioners of public buildings of the State of Oregon, enjoined and restrained from purchasing six hundred and forty acres of land in Union County in this state to be used as a site for a branch insane asylum, and expending therefor of the public funds the sum of twenty-five thousand dollars; from…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
This case is only distinguishable from the case of Sherman v. Bellows, 24 Or. 553, 34 Pac. 549, in that it is brought in the name of the State upon the relation of a private individual, instead of in the name of a private individual directly. It is the settled doctrine of this state that an individual taxpayer, whose burdens would be increased by the wrongful acts of public officers, and where a fraudulent or illegal diversion or misapplication of the public funds is about to be consummated, has such an interest by reason of the special and peculiar injury he…
Also in this document: Per curiam.
2Cases cited8 opinions
- Mississippi v. JohnsonSupreme Court of the United States · 1867
- Elliott v. OliverOregon Supreme Court · 1892
- Hoover v. WoodIndiana Supreme Court · 1857
- Esson v. WattierOregon Supreme Court · 1893
- Carman v. WoodruffOregon Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. LordOregon Supreme Court · 1896
- State v. CaseyOregon Supreme Court · 1923
- Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
- State v. MetschanOregon Supreme Court · 1896
- Putnam v. NorbladOregon Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.