McClaine v. Silverton
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement by Mr. Justice Benson. This is a suit by A. F. McClaine, Minnie McClaine Keene, Fielda E. McClaine, S. Eleanor McClaine and Anfield Cavanaugh against the City of Silverton, a municipal corporation, to quiet title to certain real property in the City of Silverton. The complaint is in the usual form.
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From Marion: William Galloway, Judge. Department 2. Statement by Mr. Justice Benson. This is a suit by A. F. McClaine, Minnie McClaine Keene, Fielda E. McClaine, S. Eleanor McClaine and Anfield Cavanaugh against the City of Silverton, a municipal corporation, to quiet title to certain real property in the City of Silverton. The complaint is in the usual form. Defendant answered by reciting the several steps taken by tbe council for paving McClaine Street in the city and making the cost thereof a charge upon the abutting property, providing for assessments against such property, and…
1Opinion of the CourtJustice Benson
1. We shall first consider plaintiff’s contention that the answer is fatally defective by reason of the failure *29to allege therein that no sufficient remonstrance had been filed within the time fixed by the city charter. Section 71 of such charter, enumerating the powers of the city council, reads thus:
“To provide for the opening of streets and to establish the grades of same; to provide for and to regulate the planking, paving or otherwise improving the streets; building of sewers and the laying of gas-pipes and water-mains. All such improvements shall be assessed to the property next…
2Cases cited4 opinions
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Zeigler v. HopkinsSupreme Court of the United States · 1886
- Chance v. City of PortlandOregon Supreme Court · 1894
- Pittsburg v. WalterSupreme Court of Pennsylvania · 1871
3Cited by2 opinions
- Brown v. SllvertonOregon Supreme Court · 1920
- Bock v. SilvertonOregon Supreme Court · 1917