Caspary v. City of Portland
Oregon Supreme Court
Appeal from Multnomah county: E. D. Shattuck, judge. The only question presented on this appeal is the sufficiency of the plaintiff’s complaint, which is as follows: “ Johanna Caspary and J. Octavia Caspary, Plaintifffc, v. The City of Portland, Defendant.
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Appeal from Multnomah county: E. D. Shattuck, judge. The only question presented on this appeal is the sufficiency of the plaintiff’s complaint, which is as follows: “ Johanna Caspary and J. Octavia Caspary, Plaintifffc, v. The City of Portland, Defendant. “Johanna Caspary and J. Octavia Caspary, the plaintiffs in this action, complain of the defendant herein and. for cause of action allege: That the defendant, the City of Portland, is a municipal corporation created by and existing under a law of the State of Oregon, entitled ‘An Act to incorporate the City of Portland,’ approved October 24,…
1Opinion of the CourtStrahan, C. J.
To sustain the ruling of the court below, counsel for the respondent has argued two propositions in this court:
First — That the schedules mentioned constitute no part of the complaint, and that therefore the complaint contains no description of the property alleged to have been converted or statement of value; and,
Second — That the defendant being a municipal corporation, and necessarily acting through its officers, it ought to appear that at the time of the alleged wrongful acts the officers were engaged in the performance of some corporate act, or that the officer doing the act was not an…
2Cases cited12 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Walker v. Walker'sSupreme Court of Alabama · 1859
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3Cited by24 opinions
- City of Fairbanks v. SchaibleAlaska Supreme Court · 1962
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Rowley v. City of Cedar RapidsSupreme Court of Iowa · 1927
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