# Shattuck v. Kincaid

> Oregon Supreme Court · August 9, 1897 · 31 Or. 379

URL: https://www.frixlaw.com/law-library/cases/6897421

## Case

- **Full name:** SHATTUCK v. KINCAID
- **Court:** Oregon Supreme Court
- **Decided:** August 9, 1897
- **Citations:** 31 Or. 379; 49 P. 758; 1897 Ore. LEXIS 53
- **Precedential status:** Published
- **Opinion:** Concurrence by Bean
- **Judges:** Bean, Wolveeton
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6897421

## Opinion text

Mr. Justice Bean.
I concur in the view expressed in the prevailing opinion that under the statute the secretary is not authorized to audit a claim without issuing his warrant to the claimant as evidence thereof. The two acts seem to be made by the statute concurrent. But I am not entirely satisfied with the conclusion that he can be compelled by mandamus to audit a claim and issue a warrant thereon, in the absence of an appropriation by the legislature with which to pay the warrant when issued; but, as my associates are agreed upon the question, I do not feel authorized to dissent upon the doubt I entertain.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6897421. Public record. Not legal advice.