Fanning v. Gilliland
Oregon Supreme Court
From Umatilla : Stephen A. Lowell, Judge. This is a proceeding by writ of review by C. O. Fanning and others against J. M. Gilliland and another to test the legality of the establishment by the County Court of Umatilla County, Oregon, of a road of public easement across the lands of the plaintiffs.
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From Umatilla : Stephen A. Lowell, Judge. This is a proceeding by writ of review by C. O. Fanning and others against J. M. Gilliland and another to test the legality of the establishment by the County Court of Umatilla County, Oregon, of a road of public easement across the lands of the plaintiffs. The sworn petition presented for the location and establishment of the road shows that F. B. Clopton, one of the petitioners, is the owner of forty acres of land situated in township 2 north, range 32 east of the Willamette Meridian ; that he has a dwelling house situated thereon, which is occupied…
1Opinion of the CourtChief Justice Wolverton
1. The respondents moved to dismiss the appeal for the reason that the plaintiffs had appealed to the circuit court from the assessment of damages, it being contended that by prosecuting such appeal they have waived the right to prosecute their remedy by writ of review. In this contention we cannot concur, for two reasons : (1) It was not the purpose of the statute, in giving the appeal from the assessment of damages, to permit the regularity of the proceedings for the establishment of the road to be questioned therein ; and (2) by Section 585, Hill’s Ann. Laws, as amended by the act of 1889…
2Cases cited8 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Bridal Veil Lumbering Co. v. JohnsonOregon Supreme Court · 1896
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- Towns v. Klamath CountyOregon Supreme Court · 1898
- Apex Transportation Co. v. GarbadeOregon Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- Fendall v. MillerOregon Supreme Court · 1921
- Smith v. CameronOregon Supreme Court · 1922
- Bechtold v. WilsonOregon Supreme Court · 1947
- Frawley Ranches, Inc. v. LasherSouth Dakota Supreme Court · 1978
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