Paulsen v. Portland
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. On March 5,1887, the common council of the city of Portland passed an ordinance, No. 5068, providing for the construction of a sewer in the north part of the city, and known as Tanner Creek sewer. In pursuance of that and subsequent ordinances the sewer was constructed, and the cost thereof cast by a special- assessment upon the lots and blocks within a prescribed district.
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ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. On March 5,1887, the common council of the city of Portland passed an ordinance, No. 5068, providing for the construction of a sewer in the north part of the city, and known as Tanner Creek sewer. In pursuance of that and subsequent ordinances the sewer was constructed, and the cost thereof cast by a special- assessment upon the lots and blocks within a prescribed district. The validity of this assessment was challenged by this suit, the plaintiffs being lot owners in the sewer district. The suit was commenced in the Circuit Court of the…
1Opinion of the CourtJustice Brewer
The question is that of notice to the taxpayer. It is insisted that the Supreme Court held that section 121 did not provide for notice; that such construction of the State statute is binding upon this court; and that we must consider the case as though no notice was provided for. It is not entirely clear what construction has been placed upon section 121 by the Supreme Court of Oregon. In the case of Strowbridge v. Portland, decided in 1879, 8 Oregon, 67, 83, the provisions of the city charter in these respects being then substantially like those in the act of 1882, it was said by Judge…
2Cases cited8 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Spencer v. MerchantSupreme Court of the United States · 1888
- McMillen v. AndersonSupreme Court of the United States · 1877
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
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3Cited by152 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Bauman v. RossSupreme Court of the United States · 1897
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
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