Elmore Packing Co. v. Tillamook County
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Justice Eakin. The record in this case discloses that plaintiff was on March 1, 1907, a corporation, having its principal office at Clatsop County, Oregon, and at that time owned canning machinery at Nestucca and also at Garibaldi, both in Tillamook County; that there were on that date situated in plaintiff’s said Nestucca cannery 5,000 cases of salmon; that on that date the county assessor of Tillamook County…
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From Tillamook: William Galloway, Judge. Statement by Mr. Justice Eakin. The record in this case discloses that plaintiff was on March 1, 1907, a corporation, having its principal office at Clatsop County, Oregon, and at that time owned canning machinery at Nestucca and also at Garibaldi, both in Tillamook County; that there were on that date situated in plaintiff’s said Nestucca cannery 5,000 cases of salmon; that on that date the county assessor of Tillamook County assessed plaintiff for the said Nestucca machinery at a valuation of $2,700, and the Garibaldi machinery at $3,000; that he…
1Opinion of the CourtJustice Eakin
1. There is but one question involved upon this appeal, and that is: Does the petition for the writ state facts sufficient to authorize its issuance? The petition must-contain such a statement of facts that, if taken as true, will disclose prima facie that the lower court has acted without jurisdiction or has exercised its functions erroneously: Section 596 B. & C. Comp.; Southern Oregon Co. v. Coos Co., 30 Or. 250 (47 Pac. 852) ; Fisher v. Union County, 43 Or. 223 (72 Pac. 797) ; Holmes v. Cole, 51 Or. 483 (94 Pac. 964.)
2. If the cause is brought within this rule by the petition, then the…
2Cases cited7 opinions
- Smith v. City of PortlandOregon Supreme Court · 1894
- Garnsey v. County CourtOregon Supreme Court · 1898
- Oregon Coal Co. v. Coos Co.Oregon Supreme Court · 1897
- Holmes v. ColeOregon Supreme Court · 1908
- Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sustar v. County CourtOregon Supreme Court · 1921
- Weyerhaeuser Land Co. v. Board of EqualizationOregon Supreme Court · 1917
- Killingsworth v. PortlandOregon Supreme Court · 1919
- Drummond v. Miami Lumber Co.Oregon Supreme Court · 1910
- Elmore v. Tillamook CountyOregon Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.