Symons v. United States ex rel. Masters
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon. Action by the United States, on relation of Charles Masters, against William Symons, as Recorder and Clerk, and William Reid, as Mayor, of the City of Rainier. From an order granting a peremptory writ of mandamus, defendants bring- error. The relator recovered in the court below a judgment against the city of Rainier, Or., for ?9,295.40, with interest and costs.
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In Error to the District Court of the United States for the District of Oregon. Action by the United States, on relation of Charles Masters, against William Symons, as Recorder and Clerk, and William Reid, as Mayor, of the City of Rainier. From an order granting a peremptory writ of mandamus, defendants bring- error. The relator recovered in the court below a judgment against the city of Rainier, Or., for ?9,295.40, with interest and costs. Sectioti'JOl of Lord’s Oregon Raws provides that, if judgment be given for tho recovery of money or damages against a county or other municipal…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts as above). It is contended that the demurrer should have been sustained for want of an allegation in the petition or in the alternative writ that the cause of action on which the relator obtained his judgment was one of those which are enumerated in section 357, Lord’s Oregon Raws. It is true that section 361, under which this proceeding was had, refers to section 357, but does so only for the purpose of defining the term “public corporation” as used in section 361. Section 357 defines the causes of action which may be brought by public corporations, but it prescribes…
2Cases cited7 opinions
- Straw v. HarrisOregon Supreme Court · 1909
- Shattuck v. KincaidOregon Supreme Court · 1897
- Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1913
- West Linn v. TuftsOregon Supreme Court · 1915
- State ex rel. Adams v. IrwinWashington Supreme Court · 1913
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3Cited by2 opinions
- State Ex Rel. Pacific Bridge Co. v. Washington Toll Bridge AuthorityWashington Supreme Court · 1941
- Neilson v. Title Guaranty & Surety Co.Oregon Supreme Court · 1921