Fay v. Portland
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 1. The plaintiff sued out a writ of review concerning the regularity of a reassessment to cover the expense of paving streets in a certain improvement district in the City of Portland. Upon consideration of the record presented to it, the Circuit Court canceled the proceedings for the reassessment, and the defendants appeal.
1Opinion of the CourtBurnett, C. J.
1. A petition for a writ of review is presented to the Circuit Court or judge thereof, and the writ is allowed thereon ex parte. The only answer to the writ is a return. No demurrer will lie on account of any defect in the petition. If that document is insufficient, the only remedy for the defendant in the writ in that respect is to move to quash the writ: McCabe-Duprey Tanning Co. v. Eubanks, 57 Or. 44 (102 Pac. 795, 110 Pac. 395); Kinney v. Astoria, 58 Or. 186 (113 Pac. 21). There was no such motion in the instant case. On the other hand, “if the return to the writ be incomplete, the court…
2Cases cited8 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Curran v. StateOregon Supreme Court · 1909
- England Bros. v. YoungSupreme Court of Oklahoma · 1910
- McCabe-Duprey Tanning Co. v. EubanksOregon Supreme Court · 1910
- Reiff v. PortlandOregon Supreme Court · 1914
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3Cited by3 opinions
- Northwest Environmental Defense Center v. City Council of PortlandCourt of Appeals of Oregon · 1975
- Northwest Environmental Defense Center v. City Council of PortlandCourt of Appeals of Oregon · 1975
- State Ex Rel. First National Bank v. MelvilleOregon Supreme Court · 1935