Reed v. Dunbar
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a mandamus proceeding by F. C. Reed against F. I. Dunbar, to compel the defendant, as secretary of state, to draw a warrant in favor of the plaintiff for salary alleged to be due him as fish commissioner for the month of March, 1901, and for expenses which it is asserted he incurred in the discharge of his duties during the same time.
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From Marion: Reuben P. Boise, Judge. This is a mandamus proceeding by F. C. Reed against F. I. Dunbar, to compel the defendant, as secretary of state, to draw a warrant in favor of the plaintiff for salary alleged to be due him as fish commissioner for the month of March, 1901, and for expenses which it is asserted he incurred in the discharge of his duties during the same time. The alternative writ alleges, in substance, that in April, 1899, the plaintiff was appointed fish commissioner, in pursuance of the provisions of an act of the legislature, approved October 18, 1898, for the term…
1Opinion of the Court
Mr. Ci-iiee Justice Bean,
after stating the facts, delivered the opinion of the court.
1. It is insisted that the question of the repeal of the act under which the plaintiff was appointed cannot be considered, because the case comes here on demurrer to the alternative writ, which alleges that he is the duly qualified, commissioned, and acting-fish commissioner of the state. But we are of the opinion that, if the act has been repealed and the office abolished, the court will take judicial notice of that fact. And moreover, if the judgment is to be put upon a technical ground, it is by no means…
2Cases cited4 opinions
- State v. GeorgeOregon Supreme Court · 1892
- Little v. CogswellOregon Supreme Court · 1891
- Continental Ins. v. RiggenOregon Supreme Court · 1897
- Ex parte FerdonOregon Supreme Court · 1899
3Cited by6 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Arnett v. State, ex rel. DonohueIndiana Supreme Court · 1907
- Sandys v. WilliamsOregon Supreme Court · 1905
- Pacific Fruit & Produce Co. v. Oregon Liquor Control CommissionDistrict Court, D. Oregon · 1941
- Stead v. CurtisCourt of Appeals for the Ninth Circuit · 1911
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