Killingsworth v. Portland
Oregon Supreme Court
From Multnomah: John P. Kavanaúgh, Judge. In Banc. The purpose of this proceeding is to set aside by writ of review certain proceedings of the City of Portland, whereby the city authorized and entered upon the improvement of Union Avenue in said city, from the south line of Bryant Street to the south line of Columbia Slough. Road; and assessed the cost of the same to the property in the vicinity of said street and supposed to be benefited thereby.
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From Multnomah: John P. Kavanaúgh, Judge. In Banc. The purpose of this proceeding is to set aside by writ of review certain proceedings of the City of Portland, whereby the city authorized and entered upon the improvement of Union Avenue in said city, from the south line of Bryant Street to the south line of Columbia Slough. Road; and assessed the cost of the same to the property in the vicinity of said street and supposed to be benefited thereby. A very large part of the improvement consists in the building of a viaduct over the railroad track of the Oregon-Washington R. R. & Navigation Co.,…
1Opinion of the CourtBennett, J.
1. It seems clear that in thip review proceeding we cannot inquire into the question of whether or not the street improved was a part of the approach to the Columbia River bridge. That is a question of fact, or mixed law and fact, which cannot be tried out upon a writ of review. In Smith v. Portland, 25 Or. 297, 301 (35 Pac. 665), it is said:
“The authorities * * fully sustain the position that the writ of review only brings up the record of the inferior court, and that the Superior Court, upon review, tries the cause only by the record, and only as to questions of jurisdiction, and as to…
2Cases cited10 opinions
- King v. PortlandOregon Supreme Court · 1900
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Smith v. City of PortlandOregon Supreme Court · 1894
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
- Copeland v. Mayor & AldermenMassachusetts Supreme Judicial Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boyle v. City of BendOregon Supreme Court · 1963
- Western Amusement Co., Inc. v. City of SpringfieldOregon Supreme Court · 1976
- Rorick v. Dalles CityOregon Supreme Court · 1932
- Wing v. City of EugeneOregon Supreme Court · 1968
- Austin v. Tillamook CityOregon Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.