Duniway v. Cellars-Murton Co.
Oregon Supreme Court
From. Multnomah.: Edwin Y. Littlefield, Judge. This is a motion to dismiss an appeal. The facts are these: Certain property of the appellant valued at $750. which was included in a sewer assessment made by the City of Portland, said assessment amounting to $74.07. In January, 1915, said assessment being unpaid and delinquent, the city treasurer in compliance with the' charter and ordinances of the City of Portland, sold the property to respondent for the sum of $84.60 and…
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From. Multnomah.: Edwin Y. Littlefield, Judge. This is a motion to dismiss an appeal. The facts are these: Certain property of the appellant valued at $750. which was included in a sewer assessment made by the City of Portland, said assessment amounting to $74.07. In January, 1915, said assessment being unpaid and delinquent, the city treasurer in compliance with the' charter and ordinances of the City of Portland, sold the property to respondent for the sum of $84.60 and issued a certificate of sale of said property; thereupon appellant claiming that the assessment and sale were invalid…
1Opinion of the CourtMcBRIDE, C. J.
1. The redemption under the circumstances under which it was made was not voluntary and, as shown by the protest accompanying it, was not made with any intent to waive appellant’s rights on appeal. In similar cases we have held that such a payment does not furnish ground for dismissal of the appeal: Edwards v. Perkins, 7 Or. 149; Moores v. Moores, 36 Or. 261 (59 Pac. 327); Eilers Piano House v. Pick, 58 Or. 54 (113 Pac. 54). See, also, Plano Mfg. *116Co. v. Rasey, 69 Wis. 246 (34 N. W. 85); Bush v. Aetna Bldg. & Loan Assn., 51 Okl. 529 (151 Pac. 850); Warner Bros. v. Freud, 131 Cal. 639 (63 Pac.…
2Cases cited7 opinions
- Moores v. MooresOregon Supreme Court · 1899
- Warner Bros. Co. v. FreudCalifornia Supreme Court · 1901
- Edwards v. PerkinsOregon Supreme Court · 1879
- McFadden v. SwinertonOregon Supreme Court · 1900
- Plano Manufacturing Co. v. RaseyWisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anderson v. BorderMontana Supreme Court · 1930
- Kelly v. TracyOregon Supreme Court · 1956
- State Ex Rel. Blackwell v. BlackwellOregon Supreme Court · 1947
- Staiger v. HolmanOregon Supreme Court · 1932
- Coker & Bellamy v. RicheyOregon Supreme Court · 1923
11 more not listed; retrieve them via the Exa API.