Rubin v. City of Salem
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Peter Eubin and John Feldmann to enjoin the City of Salem and D. W. Gibson, as marshal of said city, from collecting a street improvement assessment. The issues arise between the answer and reply.
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Peter Eubin and John Feldmann to enjoin the City of Salem and D. W. Gibson, as marshal of said city, from collecting a street improvement assessment. The issues arise between the answer and reply. The answer, as a defense to the suit, sets up in detail the proceedings of the city in initiating and making the improvement, and .the assessment of the expense thereof upon the adjacent property. The reply denies certain allegations of the answer, namely, that the plans and specifications were adopted on…
1Opinion of the Court
Opinion by
Mr. CHIEF JUSTICE Eakin.
1. Plaintiffs concede that the main question presented by the record is: Did the city acquire jurisdiction to make the improvement set out in the answer? The notice, which is a publication of the resolution of the council proposing the improvement, describes it as follows : To improve the following described part of Commercial Street in said city by grading the same with proper crown and gutters to a point eight inches below the established grade thereof, and by then macadamizing the ,same with crushed rock eight inches deep. The same to be properly spread…
2Cases cited9 opinions
- Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Clinton v. City of PortlandOregon Supreme Court · 1894
- Wilson v. City of SalemOregon Supreme Court · 1893
- Schwiesau v. MahonCalifornia Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States Fidelity & Guaranty Co. v. California-Arizona Construction Co.Arizona Supreme Court · 1920
- Rogers v. City of SalemOregon Supreme Court · 1912
- Jones v. City of SalemOregon Supreme Court · 1912
- MacVeagh v. Multnomah CountyOregon Supreme Court · 1928
- Smith v. JeffersonOregon Supreme Court · 1915
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