Legal Opinion

Hunter v. Roseburg

Oregon Supreme Court

Decided March 21, 1916PublishedCited by 15 opinions

From Douglas: George F. Skipworth, Judge. In Banc. Statement by Mr. Justice Bean. This is a suit by John Hunter and other taxpayers against the City of Roseburg, and others, to cancel two contracts entered into on July 15, 1915, between the City of Roseburg, party of the first part, the Roseburg & Eastern Railroad Company, a corporation, party of the second part, and the Kendall Lumber Corporation, party of the third part, and to enjoin the issuance of $300,000 in bonds.

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From Douglas: George F. Skipworth, Judge. In Banc. Statement by Mr. Justice Bean. This is a suit by John Hunter and other taxpayers against the City of Roseburg, and others, to cancel two contracts entered into on July 15, 1915, between the City of Roseburg, party of the first part, the Roseburg & Eastern Railroad Company, a corporation, party of the second part, and the Kendall Lumber Corporation, party of the third part, and to enjoin the issuance of $300,000 in bonds. From a decree in favor of the defendants, plaintiffs appeal. On June 3,1915, the legal voters of the City of Rose-burg…

1Opinion of the CourtJustice Bean

It is contended upon the part of the plaintiffs: (1) That the contract executed on July 15,1915, is not one authorized by the charter amendment. (2) That in order to comply with the charter the contract should provide that the city will construct and own by the issuing of bonds in the sum of not more than $300,000 a standard gauge railroad between the points of termini named. (3) That a grade for a logging road and some ties do not constitute a standard gauge railroad; that such a railroad between-given points requires that there be the right of way, the grade, the ties, the ballasting, the…

2Cases cited10 opinions

  1. Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
  2. O'Hara v. ParkerOregon Supreme Court · 1895
  3. Pleasant Township v. Aetna Life Ins. Co.Supreme Court of the United States · 1891
  4. Hoover v. KingOregon Supreme Court · 1903
  5. Avery v. JobOregon Supreme Court · 1894

5 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Wilentz v. HendricksonNew Jersey Court of Chancery · 1943
  2. Foeller v. Housing Authority of PortlandOregon Supreme Court · 1953
  3. DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
  4. Village of Moyie Springs v. Aurora Manufacturing Co.Idaho Supreme Court · 1960
  5. Carruthers v. Port of AstoriaOregon Supreme Court · 1968

10 more not listed; retrieve them via the Exa API.

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