King v. Benton County
Oregon Supreme Court
Appear from Benton County. This was a proceeding instituted in the county court of Benton county for the establishment of a county road.
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Appear from Benton County. This was a proceeding instituted in the county court of Benton county for the establishment of a county road. The proof of service of notice of the presentation of the petition recites that notices were posted: “Three in public places in the vicinity of said proposed road, and one at the place of holding the county court for Benton county, Oregon, at least thirty days immediately prior to this (May, 1881,) session of said county court, * * * and the said notice and the petition for said road are signed by more than twelve householders of Benton county, Oregon, in…
1Opinion of the Court
By the Court,
Waldo, J.:
The county court of Benton county, at its May term, 1881, made an order establishing a county road in said county over the land of the appellant, King, which order the appellant asks to have set aside on various grounds. It is decisive of the case that the order was made on a petition on which the court had no authority to act, because of the want of legal notice of the intended application.
*513It is common sense that the notice should give full information of the intended proceeding. Property owners to he affected, should he made acquainted- by the notice with the parties…
2Cases cited1 opinion
- Minard v. Douglas CountyOregon Supreme Court · 1881
3Cited by6 opinions
- Ames v. Union CountyOregon Supreme Court · 1889
- Bitting v. Douglas CountyOregon Supreme Court · 1893
- Vedder v. Marion CountyOregon Supreme Court · 1892
- Christensen v. Lane CountyOregon Supreme Court · 1918
- Jensen v. Curry CountyOregon Supreme Court · 1909
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