Kirkpatrick v. City of Dallas
Oregon Supreme Court
From Polk: William Galloway, Judge. Statement by Mr. Justice McBride. This is a suit by E. C. Kirkpatrick to restrain the City of Dallas and T. A. Odom, city marshal, from levying upon and selling plaintiff’s real property for the collection of an alleged delinquent assessment.
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From Polk: William Galloway, Judge. Statement by Mr. Justice McBride. This is a suit by E. C. Kirkpatrick to restrain the City of Dallas and T. A. Odom, city marshal, from levying upon and selling plaintiff’s real property for the collection of an alleged delinquent assessment. Plaintiff alleges that he is the owner and in possession of certain real property in the City of Dallas; that the city claims a lien thereon by reason of the construction of sewers along and across the streets, with branches and laterals extending therefrom; that the city has no claims against the premises by virtue of…
1Opinion of the CourtJustice McBride
We are of the opinion that the complaint stated a cause of suit, and that the interposition of a court of equity w;as properly invoked.
Section 63 of the charter of the City of Dallas (Sp. Laws 1901, p. 84) provides that no street improvement shall be undertaken or made without first giving notice thereof by publication for two weeks or by personal notice upon the owners of all property within the limits of the proposed improvement; and section 84 makes the above-mentioned provision applicable to sewer improvements.
1. The complaint alleges that no notice was given as required by section 63 of…
2Cases cited2 opinions
- State ex rel. v. Malheur County CourtOregon Supreme Court · 1909
- Sperry v. City of AlbinaOregon Supreme Court · 1889
3Cited by3 opinions
- Lapp v. MarshfieldOregon Supreme Court · 1914
- Valenti v. HopkinsOregon Supreme Court · 1996
- Valenti v. HopkinsOregon Supreme Court · 1996