Burness v. Multnomah County
Oregon Supreme Court
From Multnomah : John B. Cleland, Judge. This is a suit by James J. Burness, a resident and tax- ’ payer of Multnomah County, against the board of county commissioners for that county and others for a decree annulling and declaring void a contract between the county and defendant Noble.
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From Multnomah : John B. Cleland, Judge. This is a suit by James J. Burness, a resident and tax- ’ payer of Multnomah County, against the board of county commissioners for that county and others for a decree annulling and declaring void a contract between the county and defendant Noble. On September 19, 1898, Noble and the county judge (assuming to act for the county) entered into the following contract: “This memorandum and agreement, made this nineteenth day of September, 1898, by and between the County of Multnomah, State of Oregon, party of the first part, and H. E. Noble, party of the…
1Opinion of the CourtJustice Bean
1. It is contended that the plaintiff cannot maintain this suit, because he will suffer no direct and peculiar injury from the carrying out of the contract in question. *468It is the settled doctrine in this state that an individual taxpayer may, by a suit in equity, restrain and prevent the misapplication or illegal diversion of the public funds or property (Carman v. Woodruff, 10 Or. 133 ; White v. Commissioners, 13 Or. 317, 57 Am. Rep. 20, 10 Pac. 484; Wormington v. Pierce, 22 Or. 606, 30 Pac. 450 ; Sherman v. Bellows, 24 Or. 553, 34 Pac. 549; Avery v. Job, 25 Or. 512, 36 Pac. 293 ; State v.…
2Cases cited12 opinions
- State v. LordOregon Supreme Court · 1896
- House v. Los Angeles CountyCalifornia Supreme Court · 1894
- Avery v. JobOregon Supreme Court · 1894
- Burnett v. MarkleyOregon Supreme Court · 1893
- Carman v. WoodruffOregon Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lipscomb v. State Bd. of Higher Ed.Oregon Supreme Court · 1988
- Chase v. Board of County CommissionersSupreme Court of Colorado · 1906
- McKinney v. WatsonOregon Supreme Court · 1915
- Sears v. JamesOregon Supreme Court · 1905
- Childs v. Marion CountyOregon Supreme Court · 1940
3 more not listed; retrieve them via the Exa API.