State v. Moore
Oregon Supreme Court
From Multnomah: Arthur L. Frazier, Judge. Mandamus by the State of Oregon, on the relation of Effie Fitzgerald, to compel Dan J. Moore, as Clerk of the Circuit Court for the County of Multnomah, to file a complaint in a divorce case without prepayment of the district attorney’s fees provided by Section 1073 of Hill’s Ann. Laws. A demurrer to the writ was sustained, and the proceeding dismissed, whereupon relator appealed.
1Opinion of the Court
Mr. Chiee Justice Bean
delivered the opinion.
1. The statute provides that the state shall be deemed a party defendant in any suit for the dissolution of the marriage contract, or to have the same declared void (Hill’s Ann. Laws, § 977); that the district attorney shall be allowed a fee of $10 for actually defending the same on behalf of the state (section 1073). And the plaintiff is required by the act of 1878 to deposit such fee with the clerk of the court before the complaint is filed (section 1074). The petitioner claims, however, that the provision of the statute requiring the plaintiff to…
2Cases cited4 opinions
- State v. RobinsonOregon Supreme Court · 1897
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Oregon & W. Trust Inv. Co. v. RathburnU.S. Circuit Court for the District of Oregon · 1877
- Northern Pac. Exp. Co. v. MetschanCourt of Appeals for the Ninth Circuit · 1898
3Cited by4 opinions
- Florida East Coast Railway Co. v. HazelSupreme Court of Florida · 1901
- Howard v. Clatsop CountyOregon Supreme Court · 1902
- State ex rel. v. DunbarOregon Supreme Court · 1908
- Wright v. BeveridgeOregon Supreme Court · 1926