State v. Metschan
Oregon Supreme Court
From Marion: Henry H. Hewitt, Judge. This is a suit, commenced by the district attorney of the third judicial district, in the name of and on behalf of the state, to enjoin Phil.
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From Marion: Henry H. Hewitt, Judge. This is a suit, commenced by the district attorney of the third judicial district, in the name of and on behalf of the state, to enjoin Phil. Metschan, as state treasurer, from paying a $25,000 state warrant issued on account of the purchase of certain land in Union County for the site of an insane asylum under an act of the legislature of 1893 (Laws, 1893, 136), on the ground that the act in question is void, because in contravention of the provision of the constitution locating such institution at the seat of government. A demurrer to the information,…
1Opinion of the CourtJustice Bean
*381In support of the demurrer it is contended that there is a defect of parties defendant, because the owner of the warrant, the payment of which is sought to be enjoined, is not a party to the suit. If this is true, and the objection had been properly taken, it would have been fatal. The rule undoubtedly is that the owner of a state or county warrant is a necessary party to a suit to enjoin its payment, and in some instances the courts, deeming him an indispensable party, refuse to proceed to a final determination of such a suit until he is brought in, although the parties to the record make no…
2Cases cited17 opinions
- State v. LordOregon Supreme Court · 1896
- Buffalo Bayou Ship Channel Co. v. BrulyTexas Supreme Court · 1876
- Durham v. BischofIndiana Supreme Court · 1874
- Dewey v. State ex rel. McCullomIndiana Supreme Court · 1883
- King v. Comm'rs. Court of Throckmorton CountyCourt of Appeals of Texas · 1895
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3Cited by35 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- State Ex Rel. Lemon v. LanglieWashington Supreme Court · 1954
- Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
- State Ex Rel. Carson v. KozerOregon Supreme Court · 1928
- State v. Ohio Oil Co.Indiana Supreme Court · 1898
30 more not listed; retrieve them via the Exa API.