Christensen v. Lane County
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 1. This is a suit to remove a cloud from the title to certain real estate and to set aside an-order of the County Court of Lane County, establishing a county road through plaintiff’s land. The complaint, after alleging the ownership and possession, recites, in a general and somewhat indefinite manner, some of the steps taken by the County Court in establishing the highway.
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From Lane: George F. Skipworth, Judge. Department 1. This is a suit to remove a cloud from the title to certain real estate and to set aside an-order of the County Court of Lane County, establishing a county road through plaintiff’s land. The complaint, after alleging the ownership and possession, recites, in a general and somewhat indefinite manner, some of the steps taken by the County Court in establishing the highway. The jurisdiction of the inferior tribunal in that proceeding is challenged by the following allegations: “4. That heretofore and on or about the 1st day of December, 1915,…
1Opinion of the CourtBenson, J.
The arguments of counsel are largely directed to a discussion of whether this is a direct or a collateral attack upon the proceedings of the County Court. There is probably no legal problem which presents so many confusing efforts by the authorities to elucidate and simplify the questions presented under the conditions of the case at bar, we think the rule is fairly stated by an eminent authority thus:
“In fact the writer is of the opinion (though not conceded by many courts) that any attack which has for its object the setting aside and vacating of a judgment is a direct attack, whether in…
2Cases cited2 opinions
- Minard v. Douglas CountyOregon Supreme Court · 1881
- King v. Benton CountyOregon Supreme Court · 1883
3Cited by5 opinions
- Acton v. LambersonOregon Supreme Court · 1921
- Lauderback v. Multnomah CountyOregon Supreme Court · 1924
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Keane v. City of PortlandOregon Supreme Court · 1925
- Bank of Sheridan v. HeiderOregon Supreme Court · 1932