Legal Opinion

Theiler v. Tillamook County

Oregon Supreme Court

Decided March 9, 1915PublishedCited by 15 opinions

From Tillamook: "Webster Holmes, Judge. Department 1. Statement Per Curiam. This is an action by John Theiler against Tillamook County.

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From Tillamook: "Webster Holmes, Judge. Department 1. Statement Per Curiam. This is an action by John Theiler against Tillamook County. T.,j complaint substantially charges that the defendant is a duly organized county; that the plaintiff is the owner therein of 30 acres of land upon and along the east side of which the defendant maintains a county road; that such highway crosses a creek which flows westerly through the plaintiff’s premises in a well-defined channel that was sufficient to carry off all the water in that stream without injury to his land; that without the plaintiff’s consent…

1Opinion of the Court

Opinion

2Per curiam

1. The action of the trial court was evidently based upon Section 358, L. O. L., which, so far as important to a consideration of the question here involved, reads:

“An action may be maintained against any of the organized counties of this state upon a contract made by such county in its corporate character, and within the scope of its authority, and not otherwise.”

Mr. Chief Justice Thayer, in Grant County v. Lake County, 17 Or. 453, 460 (21 Pac. 447, 449), in referring to a change in the statute whereby the words “and not otherwise” were added and thus became a part of the language…

3Cases cited5 opinions

  1. Mattson v. AstoriaOregon Supreme Court · 1901
  2. Templeton v. Linn CountyOregon Supreme Court · 1892
  3. Batdorff v. Oregon CityOregon Supreme Court · 1909
  4. Grant County v. Lake CountyOregon Supreme Court · 1889
  5. Eastman v. Clackamas Co.United States Circuit Court · 1887

4Cited by15 opinions

  1. Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
  2. Boswell v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1986
  3. Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
  4. Stewart v. HoukOregon Supreme Court · 1928
  5. Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952

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