Wilson v. City of Salem
Oregon Supreme Court
Marion County; Geo. H. Burnett, Judge. This is a suit by J. Q. Wilson and others to restrain the execution of a warrant for the sale of plaintiffs’ property for delinquent street assessments, commenced after the work had been completed and accepted by the city, and the property advertised for sale.
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Marion County; Geo. H. Burnett, Judge. This is a suit by J. Q. Wilson and others to restrain the execution of a warrant for the sale of plaintiffs’ property for delinquent street assessments, commenced after the work had been completed and accepted by the city, and the property advertised for sale. The case comes here on an appeal from a decree in favor of the plaintiffs given by the court below after sustaining their demurrer to the answer, and defendant refusing to further plead. From the complaint and answer it appears that some time prior to the fourteenth day of March, 1892, the city of…
1Opinion of the Court
Mu. Justice Bean
delivered the opinion of the court:
The only question necessary to consider on this appeal is one of jurisdiction, and notice to interested parties; for if the city had power to make the improvement, and in doing so violated no express provision of its charter, and *507the abutting property owners had notice of, and an opportunity for, a hearing upon the question as to the proportionate share of the cost of the proposed improvement to he assessed against their property before the same became irrevocably fixed, a court of equity will not, after the work is completed, restrain the…
2Cases cited20 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Spencer v. MerchantSupreme Court of the United States · 1888
- McMillen v. AndersonSupreme Court of the United States · 1877
- Paulsen v. PortlandSupreme Court of the United States · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- King v. PortlandOregon Supreme Court · 1900
- Clinton v. City of PortlandOregon Supreme Court · 1894
- Chicago & Northwestern Railway Co. v. Board of SupervisorsSupreme Court of Iowa · 1916
- Rogers v. City of SalemOregon Supreme Court · 1912
17 more not listed; retrieve them via the Exa API.