Legal Opinion

Burnett v. Markley

Oregon Supreme Court

Decided January 16, 1893PublishedCited by 19 opinions

Benton County: Martin L. Pipes, Judge. Suit in equity by John Burnett, a taxpayer and resident of Benton County, Oregon, against J. R. Markley and Harry Dunstan, partners as Markley & Dunstan, and Benton County, and M. P. Burnett, as treasurer of such county, for an injunction to prevent Markley & Dunstan from collecting, and’M. P. Burnett from paying, certain county warrants.

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Benton County: Martin L. Pipes, Judge. Suit in equity by John Burnett, a taxpayer and resident of Benton County, Oregon, against J. R. Markley and Harry Dunstan, partners as Markley & Dunstan, and Benton County, and M. P. Burnett, as treasurer of such county, for an injunction to prevent Markley & Dunstan from collecting, and’M. P. Burnett from paying, certain county warrants. Margery B. Davisson, Florence Davis-son and Mary D. Wyatt, as the owners of some of the warrants in controversy, were permitted to intervene. A demurrer to the complaint was overruled and plaintiff had a decree as…

1Opinion of the CourtBean, J.

(after stating the facts). — The contention for plaintiff is, that the action of the county court in making the contract with Markley & Dunstan as alleged, and in issuing the warrants in their favor, is void, because,^ — first, the county court had no authority under the law to make such a contract; and, second, it imposed a debt or liability upon the county in excess of the constitutional limit.

1. In support of the first position, it is argued that *439since it is made the duty by law of the assessor of the county to make out on an assessment roll a list of all the taxable property in his…

2Cases cited2 opinions

  1. Grant County v. Lake CountyOregon Supreme Court · 1889
  2. Wormington v. PierceOregon Supreme Court · 1892

3Cited by19 opinions

  1. Von Rosenberg v. LovettCourt of Appeals of Texas · 1914
  2. Rauch v. ChapmanWashington Supreme Court · 1897
  3. Roper v. HallCourt of Appeals of Texas · 1925
  4. Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
  5. Municipal Security Co. v. Baker CountyOregon Supreme Court · 1898

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