Carothers v. Wheeler
Oregon Supreme Court
Carothers made application to the board of county commissioners in Clackamas County, for a license to keep a ferry across the Willamette Kiver at Portland. Wheeler, at the time of such application, appeared before said board, claiming that he was the owner of the land where Carothers wished to establish his ferry; and insisted, that if a ferry' at such place was adjudged necessary, the license therefor should issue to him instead of Carothers.
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Carothers made application to the board of county commissioners in Clackamas County, for a license to keep a ferry across the Willamette Kiver at Portland. Wheeler, at the time of such application, appeared before said board, claiming that he was the owner of the land where Carothers wished to establish his ferry; and insisted, that if a ferry' at such place was adjudged necessary, the license therefor should issue to him instead of Carothers. License, however, was granted to Carothers. Wheeler appealed to the District Court, w^ere the decision of the county commissioners was reversed.…
1Opinion of the Court
"Williams, C. J.
Section twenty-two, page 384, Statutes of Oregon, provides, that “ any person may appeal from the decision of the board of commissioners to the next term of the District Court of the same county. Such appeal shall be taken within twenty days after such decision, and the party appealing shall notify the commissioners that the appeal is taken at least ten days before the first day of the next term of the court appealed to.” "Wheeler took his appeal in the manner prescribed by statute, but no notice was served on Carothers, nor did he appear in the District Court. "Whether “ any…
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