Legal Opinion

Mckeon v. City of Portland

Oregon Supreme Court

Decided March 26, 1912PublishedCited by 19 opinions

From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is a suit by R. W. McKeon, C. C. Oihus, T. H. Cochran, Joseph McChesney, J. B. Holbrook, Peter Autzen, A. M. Stearns, M. L. Holbrook, Portland Manufacturing Company, a corporation; Peninsula Iron Works, a corporation; Lawrence Holbrook, and others, against the City of Portland, a municipal corporation; Joseph Simon, as mayor of the city of Portland; A. L. Barbur, as auditor of the city of…

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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is a suit by R. W. McKeon, C. C. Oihus, T. H. Cochran, Joseph McChesney, J. B. Holbrook, Peter Autzen, A. M. Stearns, M. L. Holbrook, Portland Manufacturing Company, a corporation; Peninsula Iron Works, a corporation; Lawrence Holbrook, and others, against the City of Portland, a municipal corporation; Joseph Simon, as mayor of the city of Portland; A. L. Barbur, as auditor of the city of Portland; George L. Baker, councilman of the city of Portland; John Annand, councilman of the city of Portland; H. A. Breding,…

1Opinion of the CourtJustice Burnett

In its efforts to enlarge its boundaries, the city of Portland, in this instance, has encountered another municipal corporation. It is not virgin territory which Portland would acquire by the proceedings under consideration. Here are two cities, instrumentalities of government, and it is incumbent upon this court to determine whether the end sought to be accomplished and of which the plaintiffs complain is in harmony with the law of their existence. Hitherto the city of St. Johns was an independent municipality, having an existence distinct from any other' organization of its kind. Under…

2Cases cited3 opinions

  1. Gale v. Village of KalamazooMichigan Supreme Court · 1871
  2. City Council of Montgomery v. Capital City Water Co.Supreme Court of Alabama · 1890
  3. Trustees of Schools v. People ex rel. UpdikeAppellate Court of Illinois · 1895

3Cited by19 opinions

  1. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  2. State v. Port of TillamookOregon Supreme Court · 1912
  3. In Re Application of BoaltOregon Supreme Court · 1927
  4. Caruth v. State Ex Rel. TobinSupreme Court of Oklahoma · 1923
  5. School District No. 17 v. PowellOregon Supreme Court · 1955

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