Legal Opinion

State v. Douglas County Road Co.

Oregon Supreme Court

Decided March 15, 1882PublishedCited by 20 opinions

Appeal from Douglas County. After the transcript had been filed in this case, and the cause placed upon the docket, J. W. Hamilton, Esq., district attorney of the second judicial district, appeared and filed a motion to dismiss the appeal, because, as he alleged, he had not taken the same for the state, or authorized any one to do so for him. Messrs. Wm.

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Appeal from Douglas County. After the transcript had been filed in this case, and the cause placed upon the docket, J. W. Hamilton, Esq., district attorney of the second judicial district, appeared and filed a motion to dismiss the appeal, because, as he alleged, he had not taken the same for the state, or authorized any one to do so for him. Messrs. Wm. R. Willis and R. S. Strahan opposed the motion; contending that the appeal was regularly taken, and that the district attorney had no authority to dismiss it.

1Opinion of the Court

By the Court,

Waldo, J.:

The appellant, the Douglas County Road Company, is a private, as distinguished from a distinctly public, corporation. (Douglas County Road Company v. Abraham, 5 Or., 518.) Its object, as specified in its articles of incorporation, was “to build and keep in repair, a good and substantial plank, clay and gravel wagon road through the big canyon, in Douglas county, state of Oregon, and to receive tolls for traveling over said road.” The object of this action is to annul the existence of the corporation.

Section 351 of the code of civil procedure abolished the writ of quo…

2Cases cited5 opinions

  1. People Ex Rel. Demarest v. . FairchildNew York Court of Appeals · 1876
  2. State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
  3. Territory v. LockwoodSupreme Court of the United States · 1866
  4. English v. SavageOregon Supreme Court · 1875
  5. People v. Tobacco Manufacturing Co.New York Supreme Court · 1871

3Cited by20 opinions

  1. State v. LordOregon Supreme Court · 1896
  2. State v. MetschanOregon Supreme Court · 1896
  3. State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
  4. State v. SengstackenOregon Supreme Court · 1912
  5. State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906

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