Jones v. Polk County
Oregon Supreme Court
From Polk : Henry H. Hewitt, Judge. This is a special proceeding by M. P. Jones to review the action of the County Court of Polk County in the matter of establishing a public highway.
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From Polk : Henry H. Hewitt, Judge. This is a special proceeding by M. P. Jones to review the action of the County Court of Polk County in the matter of establishing a public highway. From the record it appears that a petition was presented to said court for the location of a county road in said county, and, satisfactory proof having been made that notice of the application had been given as provided by law, and the required bond executed, viewers and a surveyor were appointed, who met at the time and place specified by the court, and viewed and surveyed the route of the proposed road, and…
1Opinion of the CourtJustice Mooee
The question presented by this appeal is whether the county court, having obtained jurisdiction of the subject-matter and of the persons affected by the establishment of the county road, exhausted the measure of its power by the failure of the viewers and surveyor to comply with the statutory requirements in the performance of the duties imposed upon them. If a county court, in establishing a public highway within the limits of its jurisdiction, were a ministerial body, vested with no discretion in the matter, it is quite probable that a failure to conform to the requirements of the law…
2Cases cited12 opinions
- Bewley v. GravesOregon Supreme Court · 1889
- Johns v. Marion CountyOregon Supreme Court · 1870
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Ladd v. SpencerOregon Supreme Court · 1892
- Grimwood v. MackeIndiana Supreme Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- Palmer Lumber Co. v. Wallowa CountyOregon Supreme Court · 1911
- Cole v. City of SeasideOregon Supreme Court · 1919