Legal Opinion

Jensen v. Curry County

Oregon Supreme Court

Decided November 30, 1909PublishedCited by 4 opinions

From Curry: James W. Hamilton, Judge. Statement by Mr. Chief Justice Moore. This is a special proceeding instituted by Oiiinna Jensen against Curry County to review the action of the county court thereof, in the matter of relocating a county road over the plaintiff’s land.

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From Curry: James W. Hamilton, Judge. Statement by Mr. Chief Justice Moore. This is a special proceeding instituted by Oiiinna Jensen against Curry County to review the action of the county court thereof, in the matter of relocating a county road over the plaintiff’s land. The petition for a writ bf review states that, in laying the highway' across her premises, the county court exceeded its jurisdiction and erroneously exercised its functions to the injury of her substantial right. The petition having been filed and an undertaking given, the circuit court for that county made an order…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1. A copy of the road notice, dated July 30, 1906, and subscribed by 48 persons, is, so far as important herein, as follows:

“Notice is hereby given that the undersigned citizens of Curry County, Oregon, and freeholders residing in the vicinity of the road hereinafter mentioned, will at the next regular term of the county court of said county, make application to alter that certain part of the public road leading from Port Orford in said county, to Dairy-ville, in said county, as follows: Beginning,” etc.

No affidavit was made tending to show the qualifications…

2Cases cited3 opinions

  1. Minard v. Douglas CountyOregon Supreme Court · 1881
  2. Rynearson v. Union CountyOregon Supreme Court · 1909
  3. King v. Benton CountyOregon Supreme Court · 1883

3Cited by4 opinions

  1. Stockton v. HindCalifornia Court of Appeal · 1921
  2. Lauderback v. Multnomah CountyOregon Supreme Court · 1924
  3. Heuel v. Wallowa CountyOregon Supreme Court · 1915
  4. Lauderback v. Multnomah CountyOregon Supreme Court · 1924

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