Legal Opinion

Schooling v. Harrisburg

Oregon Supreme Court

Decided February 24, 1903PublishedCited by 20 opinions

From LiniT: Reuben P. Boise, Judge. This is a suit by J. P. Schooling to enjoin the City of Harrisburg, a municipal corporation, from opening alleged highways in what is known as “May and Nixon’s Addition” to Harrisburg.

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From LiniT: Reuben P. Boise, Judge. This is a suit by J. P. Schooling to enjoin the City of Harrisburg, a municipal corporation, from opening alleged highways in what is known as “May and Nixon’s Addition” to Harrisburg. The facts are that Samuel May and Samuel Nixon, being the owners of a tract of land described as follows: “Beginning at the northeast corner of the town of Harrisburg, thence south 1 degree east 12.95 chains; thence north 89 degrees east 7.17 chains, to the Oregon and California Railroad; thence north, parallel with said railroad, 12.96 chains, and thence south 89 degrees…

1Opinion of the Court

Mk. Chief Justice Moore,

after stating the facts, delivered the opinion of the conrt:

1. It is contended in limine by defendant’s counsel that at the time this suit was instituted the title to the streets involved was not in the plaintiff, and hence the court erred in granting the injunction complained of. It is alleged in the complaint that plaintiff is the owner in fee simple of the streets and alleys in dispute herein. The transcript, however, shows that on June 23, 1890, he executed to his wife, Martha R. Schooling, a deed to the north half of blocks 2 and 5 in May and Nixon’s Addition to…

2Cases cited8 opinions

  1. Ralston v. Town of WestonWest Virginia Supreme Court · 1899
  2. Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
  3. Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
  4. Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
  5. Chicago & Northwestern Railway Co. v. People ex rel. City of ElginIllinois Supreme Court · 1878

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3Cited by20 opinions

  1. Wiggins v. Barrett & Associates, Inc.Oregon Supreme Court · 1983
  2. Coos County v. StateOregon Supreme Court · 1987
  3. Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
  4. Wall v. Salt Lake CityUtah Supreme Court · 1917
  5. Moore v. FowlerOregon Supreme Court · 1911

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