Duniway v. Portland
Oregon Supreme Court
From Multnomah: MelviN C. George, Judge. Statement by Mr. Chiee Justice Wolverton. This is a suit for an injunction by R. R. Duniway against the City of Portland and others. The plaintiffs are owners of property abutting upon that portion of East Burnside Street, between East Eighth and East Twenty-eighth streets, in the City of Portland, affected by an attempted street improvement, of which they complain.
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From Multnomah: MelviN C. George, Judge. Statement by Mr. Chiee Justice Wolverton. This is a suit for an injunction by R. R. Duniway against the City of Portland and others. The plaintiffs are owners of property abutting upon that portion of East Burnside Street, between East Eighth and East Twenty-eighth streets, in the City of Portland, affected by an attempted street improvement, of which they complain. The improvement was made under the charter of 1898. Before the original assessment made against the abutting property for such improvement was entirely collected, plaintiffs instituted a…
1Opinion of the CourtChief Justice Wolverton
This is the second time this case has been here, so far as the present inquiries are concerned, upon substantially the same allegations of fact. It is not to be regarded as a second appeal, because a new and original suit has been instituted, and some of the original questions, which were *108unalterably settled by the first cause, have been eliminated. All others are now insisted upon, but some of these have been practically determined, and, being of recent investigation, we are constrained to regard them also as settled. It was eventually determined that the former case was prematurely…
2Cases cited17 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Mattingly v. District of ColumbiaSupreme Court of the United States · 1878
- McEneney v. Town of SullivanIndiana Supreme Court · 1890
- Schenley v. Commonwealth ex rel. City of AlleghenySupreme Court of Pennsylvania · 1859
- Frederick v. City of SeattleWashington Supreme Court · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Edwards v. CooperIndiana Supreme Court · 1907
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
- Phipps v. MedfordOregon Supreme Court · 1916
18 more not listed; retrieve them via the Exa API.