Burnett v. Markley

Citations

• 23 Or. 436
• 31 P. 1050

Syllabus

<p>1. County Court — County Business — Code, ? 896, Sub. 9.— Under the general power to manage county business conferred on county courts by subdivision 9, of section 896, Hill’s Code, those courts have authority to procure for the use of the assessor present-ownership books of all the property in the county, and to employ competent persons to prepare such books.</p> <p>2. Counties — Limitation to Indebtedness — State Constitution — Aeticde XI.— The limit to county indebtedness provided by section 10, of article XI. of the state constitution, does not apply to debts and liabilities imposed upon the county by law, and which it is powerless to prevent; but applies only to liabilities voluntarily created. Grant Co. v. Lake Co. 17 Or. 453, cited and approved.</p> <p>3. Exception in Statute — Pi.eading.— In counting on a statute or contract, an exception therein must be negatived, or the pleading will be bad: thus where a constitution provides that ‘‘no county shall create any debts or liabilities which shall singly or in the aggregate exceed the sum of five thousand dollars, except to suppress insurrection or repel invasion ; but the debts of any county at the time this constitution takes effect shall be disregarded in estimating the sum to which such county is limited,” and a suit is brought to restrain the payment of an indebtedness incurred after the adoption of the constitution, and after the county was already in debt beyond the constitutional limit, the complaint must allege that the indebtedness already accrued was not for any of the excepted purposes.</p> <p>«Note. — A motion for rehearing was filed in this case, but was withdrawn by plaintiffs on their own request, by permission of the court. — Repostes.</p>