Legal Opinion

Dyer v. Bandon

Oregon Supreme Court

Decided November 25, 1913PublishedCited by 6 opinions

From Coos: John S. Coke, Judge. Statement by Mr. Chief Justice McBride. This is a suit by Eupkemia Dyer, Elbert Dyer, Louise Hi eking, Stephen Callier and E. M. G-allier against the City of Bandon, a municipal corporation, P. Hanrahan, W. H. Logan and D. P. Plymale, contractors, for the improvement of Sixth Street and Randolph Avenue in said city, to restrain the collection of a street assessment.

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From Coos: John S. Coke, Judge. Statement by Mr. Chief Justice McBride. This is a suit by Eupkemia Dyer, Elbert Dyer, Louise Hi eking, Stephen Callier and E. M. G-allier against the City of Bandon, a municipal corporation, P. Hanrahan, W. H. Logan and D. P. Plymale, contractors, for the improvement of Sixth Street and Randolph Avenue in said city, to restrain the collection of a street assessment. That portion of the charter of Bandon bearing upon the matter in hand is as follows: “No grade or improvement mentioned in the preceding section can be undertaken or made without ten days ’ notice…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

1. We are not compelled to go beyond the decisions of our own court for authority decisive of the questions raised on this appeal. The case of Ladd v. Spencer, 23 Or. 193 (31 Pac. 474), is exactly in point. The provisions of the charter of East Portland quoted in the opinion in that case are practically identical with Sections 57 and 58 of the Bandon charter. The notice *409in that case described the nature of the improvement as follows: “From the center line of Seventh Street to a point at the west line of Ninth Street, by building to the established grade an…

2Cases cited7 opinions

  1. Clinton v. City of PortlandOregon Supreme Court · 1894
  2. Bank of Columbia v. PortlandOregon Supreme Court · 1902
  3. Jones v. City of SalemOregon Supreme Court · 1912
  4. Ladd v. SpencerOregon Supreme Court · 1892
  5. Strout v. City of PortlandOregon Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
  2. Smith v. JeffersonOregon Supreme Court · 1915
  3. Fey v. City of SalemOregon Supreme Court · 1917
  4. Henderson v. City of SheridanOregon Supreme Court · 1920
  5. Cole v. City of SeasideOregon Supreme Court · 1919

1 more not listed; retrieve them via the Exa API.

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