Gaston v. Portland
Oregon Supreme Court
From Multnomah: Melvin C. George and John B. Cleland, Judges. Statement by Mia. Justice Hailey. The plaintiff Mary W. Gaston owns three lots in the City of Portland, abutting on Main Street, between certain points where the city made street improvements under the charter of 1898, and endeavored to assess each of her lots for its respective portion of the costs of such improvements.
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From Multnomah: Melvin C. George and John B. Cleland, Judges. Statement by Mia. Justice Hailey. The plaintiff Mary W. Gaston owns three lots in the City of Portland, abutting on Main Street, between certain points where the city made street improvements under the charter of 1898, and endeavored to assess each of her lots for its respective portion of the costs of such improvements. Plaintiff having failed to pay such assessments, the city sold her lots for the full amount of the assessments, under the provisions of the charter of 1903. She then brought suit against the purchasers of the lots,…
1Opinion of the CourtJustice Hailey
1. The practice pursued in this- ease of attaching to the petition a number of exhibits and treating them as the record of the proceedings to be reviewed we do not regard as being in accord with the intention of our Code providing for a writ of review. The sole virtue claimed for such procedure is economy; but this doubtful claim should not supplant the necessity for regularity in compliance with the provisions of our statute. Section 596 of our Code (B. & C. Comp.) clearly does not intend that the petition shall do more than describe with convenient certainty the decision or determination…
2Cases cited6 opinions
- Dayton v. Board of EqualizationOregon Supreme Court · 1897
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Witham v. OsburnOregon Supreme Court · 1873
- Woodruff v. County of DouglasOregon Supreme Court · 1889
- Keenan v. City of PortlandOregon Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. CameronOregon Supreme Court · 1922
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Holmes v. ColeOregon Supreme Court · 1908
- Roethler v. CummingsOregon Supreme Court · 1917
- Curtis v. Tillamook CityOregon Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.