8-174-Order Recorded 8/16/1961NO_ ~ PAGE i/4 IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of ) ORDER
Refund of Taxes )
This matter coming before the Court upon the personal petition
of Sheriff F. C. Sholes as Tax Collector and Anna Dugan, and
It appearing to the Court that payment of taxes has been made
in excess of the amount legally chargeable, and
It appearing that it is necessary to refund the amount so
received,
IT IS THEREFORE ORDERED, PUItsuant to Chapter 311.$05, Oregon
Revised Statutes, that F. C. Sholes as Tax Collector, refund the sum of
$20.10.
Dated this 16th day of August,1961.
z
..,a County Judge
County Commissioner
~ er P-Z~
County Commission
I
In the Matter
of
Refund of Taxies
VOL
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
ORDER
This matter coming `before,. the Cbut upon the personal petition
of Sheriff.F. C. Sholes as Tax Collector and Giles & Kemerek, and
It appearing 6o the Court that payment of taxes has been made.on::the
wrong, pampa yv and
It appearing that it is necessary to refund the amount so received.,'
IT IS THEREFORE ORDERED, pursuant to Chapter 311.805, Oregon Revised
Statutes, that Sheriff F. C. Sholes as Tax Collector, refund the sum o~ $80,C6.
Dated this 16th day of August., 1961.
/lJ
County Judge
County Co 'ssio r
Coun y Co ioner
VOL PACE
IN THE COUNTY COURT OF THE STATE OF OREGON.
FOR THE COUNTY OF DESCHUTES
In the Matter
of )
0 R D E R
Refund of Taxes )
This matter coning before the Court upon the personal petition ,
of Sheriff F. C. Sholes as Tax Collector and Hap Taylor, Realtor, and
It appearing to the Court that payment of taxes has been made
on the wrong property, and
It appearing that it is necessary to refund the amount so received,
IT IS THEREFORE ORDERED, pursuant to Chapter 311.$05! Oregon Revised
Statutes, that Sheriff F.C. Sholes as Tax Collector, refund the suit of $48,56,
Dated this 6th day of September, 1961
County Judge
County Commissioner
r
~f
County Co ssione
VOL 8 Put 184
IN THE COUNTY COURT OF THE SPATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of ) ORDER
Cancellation of Taxes )
This matter coming before the Court upon the personal petition
of Sheriff F,C. Shbles as Tax Collector and Jack and.Alma Schmidlo and
It appearing to the Court that payment of personal taxes may be
cancelled when under the amount of $5.00, and
It appearing that it is necessary to cancell the amount so stated,
IT IS THEREFORE ORDERED' Pursuant to Chapter 311,715. Oregon
Revised Statutes, that F,C. Sholes as tax Collector,, dancel the a*m .7%
Dated this 6th day of September.
VOL
IN--'THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of ) ORDER
Refund of Taxes )
This matter comimg before the Court upon the personal petition
of Sheriff F.C. Sholes as Taut Collector and Stearns Cattle Co, and
it appearing to the Court that paymeny of taxes has been made
on the wrong property, and
It appearing that it is necessary to refund the amount so received,
IT IS THEREFORE ORDERED, pursuant to Chapter 311.$05, Oregon' Revised
Statutes, that Sheriff F.C. Sholes as°Tax Collector, refund the sum,,.of $45.38
Dated this 20th day of September,, 1961.
F~ ~u
County Judge
County Commissioner
County Co ssi her
Tin the Matter )
of
Refund of Taxes )
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
O R D E R
This matter coming before the Court-upon the personal petition
of Sheriff F, C. Sholes as Tax Collector and Harvey P. Olson, and
It appearing to the Court that payment of taxes has been made
on the wrong property, and
it appearing that it is necessary to refund the amount so received,
IT IS THEREFORE ORDERED, Pursuant to Chapter 311.805, Oregon Revised
Statutes, that Sheriff F. C. Sholes as Tax Collector , refund the sum of $270.33
Dated this 20th day of September, 1961.
County Judge
Refund for Tax Years
1958-59
- $141.32
1959--60
- $82.61
1960-61
- W.40
Total
$270.33
County Commissioner
County Commissioner
VOL 8 W202
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of ) ORDER
Refund of Taxes )
This matter coming before the Court upon the personal petition
of Sheriff F. C. Sholes as Tax Collector and Waldo D. Kleen and Joseph Larkin,
and
It appearing to the Court that payment of taxes has been made
in excess of the amount legally chargeable, and
It appearing that it is necessary to refund the amount so received,
IT IS THEREFOR ORDERED, pursuant to Chapter 311.805, Oregon Revised
Statutes, that F.C. Sholes as Tax Collector, refund the sum of $453.17.
Dated this 4th deq of October:a 1961.
County Judge
County Commissioner
County Commissioner
0
In the------.... Court of the State of Oregon
for the County of-------- tsCIlu"g___________________
---------'wlzlA„3!6t►.i„----------------------•-----------
vs. Plaintiff
SUMMONS
-
Defendant
To
- Defendant
IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and answer the
complaint filed against you in the above-entitled cause within ten days from the date of service of this summons
upon you, if served within this county; or if served within any other county of this state, then within twenty
days from the date of the service of this summons upon you; or if served outside the State of Oregon but within
the United States, then within four weeks from the date of the service of this summons upon you; or if served
outside the United States, then within six weeks from the date of the service of this summons upon you; and
if you fail so to answer, for want thereof, the plaintiff-_ will
$90. 84a, t of 00.94P 94*031 wi* W090" W*T*4t M b
r"* Of 6% P*V **A J "Y 1 *1 +14"r untU A" s costs iNYA -
SOm s ItorsIA w3md.
IG 1p►g, S~r~w x' ~c C tV4W
,
0j Attorney.$-__ for Plaintiff.-_-.-
STATE OF Post Office Address.
ss.
County of I,.-.--------------------------------------•-----•-----------------------------------------------------,
being first duly sworn, on oath, depose and say:
That I am, and at all the times hereinafter mentioned was a competent person over the age of twenty-
one years and not a party to the above-entitled cause
that I served the foregoing summons on said defendant.... on the..--_._...-_....-.day of.----- 19_-..__-,
within the County of--------------- State of
by then and there personally delivering to and leaving with said defendant----,
personally and in person, a copy of said summons, together with a copy
of the complaint therein referred to, each duly certified such, respectively, to be by
attorney---- for the plaintiff..-- in said cause and that
said person so served is the identical person.... named as------------------------------------------------------------------ defendant.-.- in said
cause.
SUBSCRIBED AND SWORN to before me this ..............................day of------------------------------------------ 19---------
Notary Public for
My Commission expires---
I IN THE CIRCUIT COURT OF THE STATE OF OREGON
2 FOR THE COUNTY OF HESCHUTES
3 WALDQ:;, D. KLEEN, ~
4 Plaintiff,
5 ~
vet. ) COMPLAINT
6- DESCHUTES COUNTY, OREGON,
7 ~
Defendant.
8 Comes now plaintiff, and for causes of action against defendant, alleges:
9 I.
10 At all tires herein mentioned, defendant was art County, duly authorized
11 and existing under and by virtue of the laws of the State of Oregon.
12 U.
13 At all times herein mentioned, plaintiff. M aldp:.Z*, Xl.een was a resident
14 and inhabitant of Deschutes County, Oregon.
15 III.
16 On or about January 15, 1960, the Sheriff of Deschutes County, Oregon,
17 wrongfully and unlawfully a*etessed and docketed against plaintiff alleged personal
18 property taxes in the amount of $90.84, and the amount of $343. 96, which were
19 due and owing by Butler-Moon Furniture Company, a corporation, and caused
20 said taxes to become a lion upon real property owned by plaintiff, and plaintiff
21 was required to and did pay said taxes on the property of another by mistake and
22 by coercion, in order to clear the title to real prope=rty owned by plaintiff.
23 IV.
24 During the tax years 1954«1955 and 1955-1956, Butler-Meeen Furniture Co.
25 was aa, corporation organixod and existing under and by virtue of the laws of the
26 Staten of Oregon, and the above mentioned personal property taxes Were apparently
27 validly assessed against said corporation. Plaintiff herein was a4 stockholder and
28 officer of said corporation, but was not the corporation. Plaintiff' as property was
29 at all times kept separate and apart from the property of said corporation. Butler-
30 Klteen Furniture Co., an Oregon corporation, is insolvent and defunct and haes no
31 assets to apply to the payment of any personal property taxes.
32
Page -I- COMPLAINT
CUNNING, BREWSTER & COPENHAVER
REDMOND, OREGON
I V.
2 The above mentioned taxes were paid by plaintiff through excusable neglect
3 and through an error, and they were paid in an mount in excess of the amount
4 legacy chargeable against they property owned by the pWaatiff, and said taxes can-
5 stituted taxes upon property of their, not property of the plaintiff.
6 Vl.
7 On rir about February 3, 1961, plaintiff filed a written and verified claim
8 for refund with the County Court of Deschutes County. Oregon. and has received
9 no reply of any kind or nature from said County Court.
10 WHEREFORE, Plaintiff demands judgment in the amount of $90. 84, and
11
the further amount of x+343.98, together with interest thereon at the rate of 6%
12
per an3'aum from January 15, 1960, until paid, and for his coasts aua+d disburse}
13 =exits herein incurred.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page ..2 G014PINT
r4eys or a
IRFIDMGNn. OREGON
STATE OF OREGON,
ss.
County of........
1,....... - .......................................•---...---..............................being first duly sworn,
depose and say that 1 am the..... pJS4%............................................................................................................
in the above entitled cause;
and that the foregoing .........................................................is true, as I verily believe.
Waldo I s... ],qP
XLx- M.
Subscribed and sworn to before me this A.Z.-
NOTARIAL
day of ~ . 19$x.-....
SEAL
Q s ~BY~..~ xki zz.........................-•--•=---.............--
k. 1,.axua., Notary Public for Oregon
My Commission expires...... OV 4v...1%4
STATE OF OREGON,
ss.
County of__....Deschutes
I .....................Joseph. Larkin.--•---.._.................._--_-----..one of the attorneys for....... -__.Plaintiff.
do hereby certify that I have prepared the foregoing copy of_-$UnJ.moJas._anc1.can4a aint..... and have carefully
compared the same with the original thereof; and that it is a correct transcript therefrom and of the whole thereof.
That the said ..........................................in my opinion is well founded in law.
Redxno . -.Oregon, _.Oregon, dated the.............. a-7 ...day of S.eptembe-z......-- 19._61
Of Attorneys--for.--------•--------•-Plaix
STATE OF OREGON,
} ss.
County of J
Due service of the within is hereby accepted in
County this.............._..........._........ _...-•---day
of------------------------------------------------------------------------------------- 19........... by receiving a copy thereof, duly certified to as such
of Attorneys for--------•-------------------------------------•-------
Attorney for-----------------------------------------------------------------------
I hereby certify that 1 served the foregoing on
attorney for--------------------------------------------------------- on the
day of_ , 19_..,___. by mailing to him a true and correct copy thereof, certi-
fied by me as such. I further certify that said copy was placed in a sealed envelope addressed to the said attorney at
which
is his regular office address, or his address as last given by him on a document which he has filed in the above entitled
cause and served on me; said sealed envelope was then deposited in the United States post office at
Oregon, on the day, last above mentioned, with the postage thereon fully paid.
Attorney for
1
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF-DESCHUTES
In the Matter )
of ) 8DER
Refund of Taxes
This matter coming tefore the Court` Ripon the personal petition
of Sheriff F„C. Sholes as Tax Collector and Pershing Sutter, and
It appearing to the Court that payment of taxes has been made
on the wrong property, and
It appearing that it is meaessary to refund the amount so reeeived,
IT IS THEREFORE ORDEREC, pursuant to Chapter 311.805, Oregon Revised
Statutes, that.F 0,,,1_Sholes -as Talf Co9.l"tef~ ,,rditihd th* efa.bf.$'?l .02.
Dated this 14th day of November, 1:961.
County Jbdg®
County COad6siofier
County Co signer
VOL PnE IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of ) O'R D E R
Refund of Taxes )
This,matter coming before the Court upon the personal petition
of Sheriff F.C. Sholes:as Tax Collector and ftmkl. Yancey, and
It appearing to the Court that payment of taxes has been made
in excess of the amount legally chargeable_ nd ,
itrappearing that it is necessary to refund the amount so
received,
IT IS THEREFORE ORDERED, pursuant to,~Chapter 331.805 Oregon
Revised Statutes, that F.C. Sholes as Tax Collector, refund the fte of
107.14.
Dated.this 6th day of December, 1961.
County Judge
County Commissioner
f 1
County Commissi7one1
z?P
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF7.DESCHUTES
of j ORDER
Refund of Traces )
This matter coming before the Court upon the personal petition of
Sheriff F. C. Sholes as Tax Collector and-Frank Vautier, and
It appearing to the Court that signed application df Veterans
exemption was over-looked in Tax Assessment, and
It appearing that it'is,necessary to refund the amount, so received,
IT IS THEREFORE ORDERED, pursuant to Chapter 311.805 Oregon Revised
Statutes, that F. C. Sholes as Tax Collector, refund the sum of $83.49.
Dated this 6th day of December, 1961.
County Judge
County Commissioner
County Co ss oner
In the Matter
V, DL
w22In the Matter
of ) ORDER
Refund of Taxes )
This matter coming before the Court upon the personal petition
of Sheriff F. C. Sholes as Tax Collector and Thomas Huntingtonj and
It appearing tb the Court that doub;e.payment .of_taxes has been
paid, $505.52, in the excess of ihe'amdunt legallk chargeable, and
It appearing that ` it- is necessary 'to refund 'the amount .3o received,
IT IS THEREFORE ORDERED, pursuant to Chapter 311,805, Oregon Revised
Statutes, that F. C. Sholes as Tax Colleetor, refund the a=, --of. $ 5,52
Dated this 6th day of December., ,961•
County Judge
County Commkssioner
County Co loner
In the Matter )
of )
Refund of Taxes )
1
IN THE COUNTY COURT OF THE S'T'ATE OF OREGON
FOR THE COUNTY OF DESCHUTES
0"R b E
1
This matter coming before the'`Couft upoh the personal petition of
Sheriff F. C Sholes ail 0. V. Grkbb, and
It appearing to the Court that payment of taxes has been made in
excess of the amount legally chargeable, and
It appearing that it is necessary to refund the amount so received,
IT THEREFORE ORDERED, pursuant to Chapter 311.$05, Oregon Revised
Statutes, that F. C. Sholes as Tax Collector, refund the sum of $9.41.
Dated this 6th day of December, 1961.
County Judge
County Commissioner
County Co 's 'ones