State v. Frazier
Oregon Supreme Court
From Multnomah : Arthur L. Frazer, Judge. Proceedings by the state, on relation of R. F. Bell, against William Frazier, as Sheriff of Multnomah County, for mandamus to compel defendant to serve a summons in an action brought by the relator against one Grimes in the circuit court of that county without the fees required by the act of February 18, 1899, being first paid. (Laws, 1899, p. 140), and the only question for consideration is the constitutionality of such act.
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From Multnomah : Arthur L. Frazer, Judge. Proceedings by the state, on relation of R. F. Bell, against William Frazier, as Sheriff of Multnomah County, for mandamus to compel defendant to serve a summons in an action brought by the relator against one Grimes in the circuit court of that county without the fees required by the act of February 18, 1899, being first paid. (Laws, 1899, p. 140), and the only question for consideration is the constitutionality of such act. Section 1 thereof provides that it shall be the duty of the sheriff, in all counties of the state containing more than fifty…
1Opinion of the CourtJustice Bean
The contention for the plaintiff is that the act is void, because (1) the title does not express the subject thereof, and therefore contravenes the Oregon Constitution, Article IV, § 20 ; (2) it is a local law, regulating the practice in courts of justice, and providing for the assessment and collection of taxes for state and county purposes, and is void under the Oregon Constitution, Article IV, § 23 ; and (3) it is a law granting to certain citizens privileges and immunities not belonging to all citizens, and is therefore violative of Article I, § 20, of the constitution. Of these…
2Cases cited17 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- State v. ShawOregon Supreme Court · 1892
- Northern Counties Trust v. SearsOregon Supreme Court · 1895
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3Cited by20 opinions
- State v. ClarkOregon Supreme Court · 1981
- State v. FreelandOregon Supreme Court · 1983
- Ex parte SettleSupreme Court of Virginia · 1913
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
- Cudihee v. PhelpsWashington Supreme Court · 1913
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