Legal Opinion

Vaughn v. School District Thirty-One

Oregon Supreme Court

Decided March 4, 1895PublishedCited by 14 opinions

•Appeal from Tillamook: Geo. H. Burnett, Judge. This is a suit by W. N. Vaughn and others to enjoin the issue of school district bonds, and the collection of a school tax.

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•Appeal from Tillamook: Geo. H. Burnett, Judge. This is a suit by W. N. Vaughn and others to enjoin the issue of school district bonds, and the collection of a school tax. The facts are that the defendant J. J. Pye, the clerk of School District Number Thirty-one of Tillamook County, by order' of the board of school directors of said district duly posted notices calling a special meeting of the legal voters to convene at the schoolhouse in said district on April ninth, eighteen hundred and ninety-two, for the following objects: “To levy an eight and one half mill tax (8i) for the purpose of…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

1. It is contended that the court erred in sustaining the demurrer to the separate defense. The facts set up as new matter in the answer, except the application for leave to amend the record, may have presented valid reasons to the school board, and been sufficient to induce it, if clothed with power, to build a schoolhouse, but a court cannot take cognizance of the issues tendered. It is not the province of a court to inquire into the motives which prompt parties to bring or defend suits or actions, or speculate upon the effect of its judgments and decrees. It…

2Cases cited6 opinions

  1. Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
  2. Moser v. WhiteMichigan Supreme Court · 1874
  3. Snell v. City of Fort DodgeSupreme Court of Iowa · 1877
  4. West v. WhitakerSupreme Court of Iowa · 1873
  5. West v. HowardSupreme Court of Connecticut · 1850

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

3Cited by14 opinions

  1. Tod v. CrismanSupreme Court of Iowa · 1904
  2. Smith v. HurlburtOregon Supreme Court · 1923
  3. Leffingwell v. Lane CountyOregon Supreme Court · 1913
  4. Beirl v. Columbia CountyOregon Supreme Court · 1914
  5. Bonaparte v. NelsonSupreme Court of Oklahoma · 1929

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

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