Bank of Idaho v. Malheur Co.
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. This is an action to recover an alleged balance claimed to be due on a chose in action assigned to plaintiff, The First National Bank of Idaho.
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From Malheur: Morton D. Clifford, Judge. This is an action to recover an alleged balance claimed to be due on a chose in action assigned to plaintiff, The First National Bank of Idaho. The facts are that on July 6, 1894, the defendant entered into a contract with the Bullen Bridge Company, a corporation, by the terms of which the latter, in consideration of the payment of $2,000, and the agreement to pay $2,000 at the next term of the County Court after the completion and acceptance thereof, constructed a bridge for the defendant over the Malheur River near the town of Vale; that on December…
1Opinion of the CourtJustice Moore
1. The plaintiff’s counsel contends that the bridge was the property of Malheur County, and as such was not subject to mechanics’ liens, and that the court erred in admitting the claims therefor in evidence. If it be conceded that the county, at the time the notices of lien were filed, was the owner of the bridge, no lien could possibly attach thereto; for the mode of enforcing this statutory remedy is by sale upon execution (Hill’s Code, § 3677), and the statute expressly provides that all county *423property shall be exempt from such judicial process: Code, § 282, subd. 6. The duty of…
2Cases cited10 opinions
- County of Modoc v. SpencerCalifornia Supreme Court · 1894
- Leonard v. . City of BrooklynNew York Court of Appeals · 1877
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Loring & Co. v. SmallSupreme Court of Iowa · 1878
- Ripley v. Board of County CommissionersNebraska Supreme Court · 1874
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3Cited by15 opinions
- Mount v. WelshOregon Supreme Court · 1926
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Stoppenback v. Multnomah CountyOregon Supreme Court · 1914
- Mettet v. City of YanktonSouth Dakota Supreme Court · 1946
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