Mansker v. Astoria
Oregon Supreme Court
From Clatsop: James A. Earin', Judge. Department 1. This suit was brought by Mrs. Thomas J. Mansker against the City of Astoria and the members of the city’s Cemetery Commission. The plaintiff prayed for a decree invalidating a charge of $77.45 attempted to be made by the Cemetery Commission ag’ainst a lot in the cemetery, which the plaintiff had previously purchased from the city for burial purposes and for which she paid the full purchase price.
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From Clatsop: James A. Earin', Judge. Department 1. This suit was brought by Mrs. Thomas J. Mansker against the City of Astoria and the members of the city’s Cemetery Commission. The plaintiff prayed for a decree invalidating a charge of $77.45 attempted to be made by the Cemetery Commission ag’ainst a lot in the cemetery, which the plaintiff had previously purchased from the city for burial purposes and for which she paid the full purchase price. A trial resulted in a decree for the plaintiff, and the defendants appealed. At some time prior to 1886, the City of Astoria in the exercise of the…
1Opinion of the CourtHarris, J.
1. The defendants have taken the position that all the power over cemeteries which, prior to the charter amendment of December 14, 1910, was vested in the common council, was by that amendment taken from the council and conferred upon the Cemetery Commission; and that, therefore, if the Cemetery Commission adopted a regulation concerning a particular subject “the common council cannot enact a valid ordinance to the contrary.” In other words, the defendants say that if the powers conferred upon the city are broad enough to support the adoption and enforcement of the endowment plan, then it…
2Cases cited27 opinions
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Brown v. HillIllinois Supreme Court · 1918
- Kincaid's AppealSupreme Court of Pennsylvania · 1870
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3Cited by23 opinions
- Mills v. CAROLINA CEMETERY PARK CORPORATIONSupreme Court of North Carolina · 1955
- Bash v. Fir Grove Cemeteries, Co.Oregon Supreme Court · 1978
- People Ex Rel. Paxton v. Bloomington Cemetery Ass'nIllinois Supreme Court · 1933
- Smith & Gaston Funeral Directors, Inc. v. DeanSupreme Court of Alabama · 1955
- Evergreen-Washelli Memorial Park Co. v. Department of RevenueWashington Supreme Court · 1978
18 more not listed; retrieve them via the Exa API.