Legal Opinion

Cooper v. Fox

Oregon Supreme Court

Decided March 12, 1918PublishedCited by 5 opinions

From Clackamas: George R. Bagley, Judge. Statement by Mr. Justice Moore. This suit was instituted September 17,1917, by Julia Cooper, against the City of Oswego, a municipal corporation, and its executive officers and a contractor, to enjoin a threatened outlay of money raised by direct taxation, in improving an alleged county road within the corporate limits of the city. From a decree granting the relief prayed for in the complaint, the defendants appeal.

1Opinion of the CourtJustice Moore

The evidence received at the trial supports the findings of fact made by the court to the effect that by an exercise of initiative power, the City of Oswego was incorporated January 15, 1910; that about 40 years prior thereto a county road, extending from Oregon City northerly, was laid out and established across land now included within that city, which part of the highway in such municipality, though there designated as Front Street, always has since it was laid out been used by the public and is subject to the jurisdiction and control of the County Court of Clackamas County; that the…

2Cases cited2 opinions

  1. Cole v. SeasideOregon Supreme Court · 1916
  2. Christie v. BandonOregon Supreme Court · 1917

3Cited by5 opinions

  1. State v. LangfordOregon Supreme Court · 1918
  2. Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
  3. Cole v. City of SeasideOregon Supreme Court · 1919
  4. Willett v. City of West LinnOregon Supreme Court · 1933
  5. Allison v. Washington CountyCourt of Appeals of Oregon · 1976

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