Hall v. Hood River Irr. Dist.
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice King. This is a suit by Charles Hall to enjoin the sale of a second bond issue of $75,000 issued by the Hood River Irrigation District.
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From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice King. This is a suit by Charles Hall to enjoin the sale of a second bond issue of $75,000 issued by the Hood River Irrigation District. The complaint alleges: “(1) That ever since the month of May, in the year 1905, the said defendant was and is now an irrigation district, duly organized and existing and doing business under and by virtue of the provisions of Chapter 5 of Title 39 of Bellinger and Cotton’s Annotated Codes and Statutes of Oregon, and the amendments thereto. That said irrigation district is situated wholly…
1Opinion of the CourtJustice King
1. The sole question presented by this appeal is whether, under Section 4714, B. & C. Comp., as amended by Chapter 219 of the General Laws of 1909, defendant is authorized, after having exhausted the funds received from a sale of bonds issued under the section prior to the amendment, to make and sell an additional bond issue. The plaintiff insists that this right is excluded by the amendment, while counsel for defendant maintains that this authority is clearly implied in the law as amended. Section 4714 of the Code, prior to amendment, so far as it bears upon this question, provided:
“For the…
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