Sherman v. Bellows
Oregon Supreme Court
Linn. County: Geo. H. Burnett, Judge. This is a suit brought by D. C. Sherman in his own name against A. J. Bellows, James Byron, J. W. Mullen, Charles Nickell, and S. S. Train, the trustees of the Oregon Soldiers’ Home, to restrain them from purchasing land for a site and locating the Soldiers’ Home at Roseburg.
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Linn. County: Geo. H. Burnett, Judge. This is a suit brought by D. C. Sherman in his own name against A. J. Bellows, James Byron, J. W. Mullen, Charles Nickell, and S. S. Train, the trustees of the Oregon Soldiers’ Home, to restrain them from purchasing land for a site and locating the Soldiers’ Home at Roseburg. The material allegations of the complaint, in substance, are that plaintiff is a citizen, resident, and taxpayer of the state of Oregon; that the defendants are the duly appointed, qualified and acting trustees of the Oregon Soldiers’ Home, and by virtue of their office are charged…
1Opinion of the CourtJustice Moore
Two questions are here presented: First, has the plaintiff any legal capacity to sue; and, second, does the complaint state facts sufficient to constitute a cause of suit? While there is an irreconcilable conflict in the decisions upon the right of a taxpayer, in his own name, to restrain by injunction, a municipal corporation and its officers from illegally creating debts, or disposing of the corporate property, or funds, we think the. decided weight of authority supports the doctrine that he may invoke the aid of a court of equity to obtain such relief whenever it is made to appear that…
2Cases cited4 opinions
- Board of Liquidation v. McCombSupreme Court of the United States · 1876
- Willard v. ComstockWisconsin Supreme Court · 1883
- Hodgman v. Chicago & St. Paul Railway Co.Supreme Court of Minnesota · 1873
- Seager v. Kankakee CountyIllinois Supreme Court · 1882
3Cited by17 opinions
- State v. LordOregon Supreme Court · 1896
- Peeples v. ByrdSupreme Court of Georgia · 1896
- State v. MetschanOregon Supreme Court · 1896
- Tillamook Peoples' Utility District v. CoatesOregon Supreme Court · 1944
- McKinney v. WatsonOregon Supreme Court · 1915
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