Legal Opinion · Dissent

Irwin v. Klamath County

Oregon Supreme Court

Decided September 23, 1919Published

From Klamatb: Frank M. Calkins, Judge. Department 2. The plaintiff alleges that at all times hereinafter stated he was the duly elected, qualified and acting district attorney in and for Klamath County and that as such district attorney and as agent of the defendant, under the provisions of Chapter 141 of Laws of 1915, he employed one Wynn “to do and perform labor for the defendant in and about procuring evidence in the matter of the illegal sale of intoxicating liquors in…

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From Klamatb: Frank M. Calkins, Judge. Department 2. The plaintiff alleges that at all times hereinafter stated he was the duly elected, qualified and acting district attorney in and for Klamath County and that as such district attorney and as agent of the defendant, under the provisions of Chapter 141 of Laws of 1915, he employed one Wynn “to do and perform labor for the defendant in and about procuring evidence in the matter of the illegal sale of intoxicating liquors in Klamath County, Oregon, and obtaining and attempting to obtain evidence in prosecuting violators” of the prohibition law,…

1Dissent

BEAN, J.,

Dissenting. — This appeal is taken by the plaintiff. It involves the payment of expenses incurred in 1916 under the direction of the district attorney for that county in obtaining or attempting to obtain evidence of a violation of Chapter 141, Laws of 1915, relating ,to intoxicating liquors. The district attorney employed certain persons to act as detectives. They were to make an investigation knd endeavor to obtain such evidence. That officer duly certified to the claims for such expenses, and the same were presented to the County Court for that county and disallowed, whereupon an…

2Cases cited8 opinions

  1. Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
  2. In re Willow CreekOregon Supreme Court · 1914
  3. Cunningham v. Umatilla CountyOregon Supreme Court · 1910
  4. Wilson v. HotchkissCalifornia Supreme Court · 1915
  5. Brewster v. SpringerOregon Supreme Court · 1916

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