Gilliam County v. Wasco County
Oregon Supreme Court
Wasco County. Defendant appeals.
1Opinion of the CourtWaldo, C. J.
It is settled law that when a new county is created out of a part of an old one, the old county takes the county property and becomes liable for the whole of the county indebtedness, in the absence of legislative provision to the contrary. (Laramie County v. Albany County, 92 U. S. 307; Sedgwick County v. Bunker, 17 Kan. 500, 501.) Although in strict technical language a tax is not a debt, yet in an enlarged sense, whenever there is a duty to pay on any ground there is a debt. (Beacon’s Abr., Title Debt.) And on this ground it was said in Neal v. Commonwealth, 21 Gratt. 513, that “ a tax is a…
2Cases cited3 opinions
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- Cobb, Stribling & Co. v. Insurance Co. of North AmericaSupreme Court of Kansas · 1877
- Cain v. HardenOregon Supreme Court · 1861
3Cited by7 opinions
- State v. Baker CountyOregon Supreme Court · 1893
- Bailies v. City Council of Des MoinesSupreme Court of Iowa · 1905
- Wallace v. American Life InsuranceOregon Supreme Court · 1925
- Jewell v. NuhnSupreme Court of Iowa · 1915
- Oregon City v. Clackamas CountyOregon Supreme Court · 1926
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