Legal Opinion

Allen v. Hirsch

Oregon Supreme Court

Decided January 15, 1880PublishedCited by 14 opinions

Appeal from Marion County. The case is mandamus to compel the payment of certain warrants drawn by the secretary of state upon the state treasury.

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Appeal from Marion County. The case is mandamus to compel the payment of certain warrants drawn by the secretary of state upon the state treasury. The appellant filed in the circuit court his petition for a writ of mandamus, in which he referred to the acts of the legislative assembly of October 23, 1872, and October 21, 1876, providing for the issuing of warrants on account of the road commonly known as “The Dalles and Sandy Wagon Road, and to the act of October 19, 1872, providing for issuing warrants on account of the “Eastern Oregon and Winnemucca Road;” and recites so much of each of…

1Opinion of the Court

By the Court,

Kelly, C. J.:

The question here presented for consideration is, whether the several acts of the legislative assembly referred to in the appellant’s petition authorizing the construction of the Dalles and Sandy road and the Eastern Oregon and Winnemucca wagon road are constitutional.

Article 4, section 23, subdivision 7, of the constitution is as follows: “The legislative assembly shall not pass *422special or local laws in any of the following enumerated cases; that is to say * * * 7. For laying, opening, and working on highways, and for the election or appointment of supervisors.” It…

2Cases cited6 opinions

  1. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  2. People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
  3. The People v. . O'BrienNew York Court of Appeals · 1868
  4. People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
  5. The People v. . AllenNew York Court of Appeals · 1870

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

3Cited by14 opinions

  1. Couey v. AtkinsOregon Supreme Court · 2015
  2. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  3. Crawford v. Linn CountyOregon Supreme Court · 1884
  4. Maxwell v. Tillamook CountyOregon Supreme Court · 1891
  5. Farrell v. Port of ColumbiaOregon Supreme Court · 1907

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

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