Hochfeld v. Portland
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. The plaintiffs, S. Hoehfeld and others, sued out a writ of review to correct errors committed by the council of the City of Portland in a reassessment of property for a street improvement. From a judgment dismissing the writ, plaintiffs appeal. Reversed and remanded, with directions. In Banc.
1Opinion of the CourtJustice Burnett
1. Someone has said that “pleading is the statement in a logical and legal form of the facts which constitute the plaintiff’s cause of action or the defendant ’s ground of defense.” Referring to the principles of logic, it may be said that, in pleading a plaintiff’s cause of action, the law applicable to the case in hand is the major premise which it is not necessary to state or prove because it is matter of which the court takes judicial knowledge. The facts upon which he relies constitute the minor premise which alone he must state and prove in order to enable the court to draw the…
2Cases cited9 opinions
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Purdin v. HancockOregon Supreme Court · 1913
- Holmes v. ColeOregon Supreme Court · 1908
- Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
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3Cited by12 opinions
- Killingsworth v. PortlandOregon Supreme Court · 1919
- R. R. v. . AhoskieSupreme Court of North Carolina · 1926
- Curtis v. Tillamook CityOregon Supreme Court · 1918
- Oregon City v. Clackamas CountyOregon Supreme Court · 1926
- Seibold v. City of MuskogeeSupreme Court of Oklahoma · 1932
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