Bowers v. Neil
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice Bean. This is a suit by Benton Bowers and S. A. Carlton against J. R. Neil, County Judge, James Owens and J. F. Brown, as the Board of Commissioners and County Court for Jackson County, Oregon, W. R. Coleman, County Clerk, James Cronemiller, County Treasurer, and E. G. Perham, Contractor, to restrain the enforcement of a contract for the building of a bridge.
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From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice Bean. This is a suit by Benton Bowers and S. A. Carlton against J. R. Neil, County Judge, James Owens and J. F. Brown, as the Board of Commissioners and County Court for Jackson County, Oregon, W. R. Coleman, County Clerk, James Cronemiller, County Treasurer, and E. G. Perham, Contractor, to restrain the enforcement of a contract for the building of a bridge. From a decree in favor of plaintiifs defendants appeal. The contract provides for the construction of a bridge across Bear Creek, in the city of Medford, and was made…
1Opinion of the CourtJustice Bean
1. The plaintiffs in this suit maintain (1) that the bridge in question, being within the incorporated city, is not upon the county .road, and that the county has no authority to build such bridge; (2) that the carrying out *109of the contract in question would increase the voluntary indebtedness of Jackson County beyond the constitutional limit. As to the first question: Section 937, subdivision 4, L. O. L., empowers the county court, among other things, to provide for the erection and repairing within the county of public bridges upon any road or highway established by public authority. • As a…
2Cases cited21 opinions
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
- People ex rel. McCullough v. PachecoCalifornia Supreme Court · 1865
- Simon v. NorthupOregon Supreme Court · 1895
- Beard v. City of HopkinsvilleCourt of Appeals of Kentucky · 1894
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3Cited by15 opinions
- DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
- Moses v. MeierOregon Supreme Court · 1934
- Stoppenback v. Multnomah CountyOregon Supreme Court · 1914
- Dent v. Oregon CityOregon Supreme Court · 1923
- Cole v. SeasideOregon Supreme Court · 1916
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