Hanley v. City of Medford
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Slater. In the early part of June, 1909, the city of Medford, Jackson County, Oregon, began an action in the circuit court of Jackson County to condemn and appropriate a right of way for constructing a pipe line in connection with its gravity water system across the farm and meadow lands of M. F. Hanley, the plaintiff herein.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Slater. In the early part of June, 1909, the city of Medford, Jackson County, Oregon, began an action in the circuit court of Jackson County to condemn and appropriate a right of way for constructing a pipe line in connection with its gravity water system across the farm and meadow lands of M. F. Hanley, the plaintiff herein. The action was instituted about the close of the regular March term of that court, which, however, adjourned for the term before the time for answering the, complaint had expired. Thereafter, and within the…
1Opinion of the CourtJustice Slater
1. The material facts of the case having been admitted by the answer, there are but two questions of the law to be considered and determined, namely: (1) Is the judgment of condemnation void, as the act of a court unknown to the law; and (2), if it is void, will this suit lie? We answer both of these questions in the affirmative. A judgment to be valid and binding must be the decision or sentence of the law pronounced by a court or other competent tribunal upon a matter contained in the record. 1 Freeman, Judgment, § 2. The element of this definition, peculiarly applicable to the question in…
2Cases cited24 opinions
- Marsden v. HarlockerOregon Supreme Court · 1906
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
- Savage v. SavageOregon Supreme Court · 1908
- Batten v. StateIndiana Supreme Court · 1881
- Bishop v. BaisleyOregon Supreme Court · 1895
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hamblin v. Superior CourtCalifornia Supreme Court · 1925
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Thompson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- Ahlstrom v. LyonOregon Supreme Court · 1942
- Jones v. StateMississippi Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.