Gaines v. Linn County
Oregon Supreme Court
ntiffs appeal. ^plaintiffs in this proceeding, sixty-four in number, tented a petition to the county court of Linn county, Oregon, praying that court to vacate a certain portion of a county road then recently located in said county.
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ntiffs appeal. ^plaintiffs in this proceeding, sixty-four in number, tented a petition to the county court of Linn county, Oregon, praying that court to vacate a certain portion of a county road then recently located in said county. The road had been established by that court at the May term, 1890. The petitioners represented that said part of the road was of no public benefit; that it would be a costly road to make and keep in a fit condition for travel, for the reason that it runs through a slough of about one hundred and fifty-five feet, the whole of which would have to be filled with…
1Opinion of the CourtSteahan, C. J.
The objections taken by the motion in the county court to the alleged discrepancies between the petition and notice, and the alleged insufficient djAcription of the beginning, intermediate, and terminal points of the road, were all abandoned on the argument in jthis court, and need not be further referred to. The only points of objection specially insisted upon were the insufficiency of the posting of the notices and of the proof of sudh posting. The objection to the proof was that one of the petitioners could neither give nor make proof by his own affidavit that such notice had been given. '
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2Cases cited1 opinion
- Minard v. Douglas CountyOregon Supreme Court · 1881
3Cited by2 opinions
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- Vedder v. Marion CountyOregon Supreme Court · 1892