Huddleston v. City of Eugene
Oregon Supreme Court
From Lane : J. O. Fullerton, Judge. This is a suit by S. A., Huddleston, to enjoin the Marshal of the City of Eugene from selling certain real property to satisfy an assessment for an alleged street improvement.
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From Lane : J. O. Fullerton, Judge. This is a suit by S. A., Huddleston, to enjoin the Marshal of the City of Eugene from selling certain real property to satisfy an assessment for an alleged street improvement. The material facts are that plaintiff, as executrix of the last will and testament of James Huddleston, deceased, is entitled to the possession of a tract of agricultural land, upon the north side of which ,the County Court of Lane County located and constructed a county road; that subsequent to the establishment of said road the legislative assembly passed an act incorporating the…
1Opinion of the CourtJustice Mooee
It is contended by plaintiff’s counsel that the public has an easement only in a county road, while a qualified fee in the street is dedicated to, or condemned for, the public use ; that a county road is laid out, built, and kept in repair by taxes collected from residents of the whole taxing district, and from property situated therein, while a street is usually established and improved by assessing the real property abutting thereon, and hepce changing a county road into a city street imposes upon the premises claimed to have been improved additional burdens, and that this supplemental…
2Cases cited30 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Cummins v. City of SeymourIndiana Supreme Court · 1881
- Walker v. . CaywoodNew York Court of Appeals · 1865
- Simon v. NorthupOregon Supreme Court · 1895
25 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brand v. Multnomah CountyOregon Supreme Court · 1900
- Bolinger v. City of BozemanMontana Supreme Court · 1972
- Northwest Natural Gas Co. v. City of PortlandOregon Supreme Court · 1985
- Bentel v. County of BannockIdaho Supreme Court · 1983
- Kurtz v. Southern Pacific Co.Oregon Supreme Court · 1916
15 more not listed; retrieve them via the Exa API.