Schmid v. City of Portland
Oregon Supreme Court
Original proceedings in mandamus in Supreme Court. In Banc. Statement by Me. Justice Habris. Claiming that bis right is clear and invoking the authority conferred upon the court by Section 617, L. O. L., the plaintiff Charles D. Schmid asks for a peremptory writ of mandamus commanding the mayor and auditor of the City of Portland to sign and deliver to him a city warrant for the unpaid balance due on a judgment which he obtained against the municipality on account of the…
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Original proceedings in mandamus in Supreme Court. In Banc. Statement by Me. Justice Habris. Claiming that bis right is clear and invoking the authority conferred upon the court by Section 617, L. O. L., the plaintiff Charles D. Schmid asks for a peremptory writ of mandamus commanding the mayor and auditor of the City of Portland to sign and deliver to him a city warrant for the unpaid balance due on a judgment which he obtained against the municipality on account of the appropriation of some of his land for the widening of Washington Street. Having been notified to show cause why the writ…
1Opinion of the CourtJustice Harris
Recapitulating the foregoing statement, this controversy presents a situation where the city passed appropriate ordinances for the widening of a street, charged all the costs to property within a prescribed assessment district, and apportioned $1,000 as the share of the expense of the improvements to be borne by two lots owned by Schmid; and subsequently in aid of the street improvement, the city commenced an action in the Circuit Court, under the general statutes, for the condemnation of a part of one of the lots owned by Schmid; the condemnation action resulted in a verdict and judgment…
2Cases cited18 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- King v. PortlandOregon Supreme Court · 1900
- Boynton v. CrockettSupreme Court of Oklahoma · 1902
- Edmundson v. Independent School DistrictSupreme Court of Iowa · 1896
- City of Sherman v. LanghamTexas Supreme Court · 1897
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3Cited by15 opinions
- Huffman v. AlexanderOregon Supreme Court · 1952
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Mailey v. Estate of DePasqualeSupreme Court of Rhode Island · 1962
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Re Petition of ReederOregon Supreme Court · 1924
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