Oliver v. Synhorst
Oregon Supreme Court
Erom Union: Kobert. Eakin, Judge. Statement by Mr. Justice Bean. This is a suit by Anna Oliver against Ered Synhorst, as street superintendent of La Grande, to enjoin him from removing or interfering with a fence and sidewalk of the plaintiff along the north side of lots 3, 4 and 5 in block 74 of Chaplin’s Addition to La Grande, and from destroying or in any manner interfering with her shade trees, ornamental trees and shrubbery thereon.
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Erom Union: Kobert. Eakin, Judge. Statement by Mr. Justice Bean. This is a suit by Anna Oliver against Ered Synhorst, as street superintendent of La Grande, to enjoin him from removing or interfering with a fence and sidewalk of the plaintiff along the north side of lots 3, 4 and 5 in block 74 of Chaplin’s Addition to La Grande, and from destroying or in any manner interfering with her shade trees, ornamental trees and shrubbery thereon. By the complaint, after the preliminary allegations, it is averred that on July 14, 1884, Daniel Chaplin and C. H. Prescott, trustee, filed in the office of…
1Opinion of the CourtChief Justice Bean
The evidence does not accompany the transcript, and the only question for our consideration is whether the court erred in striking out the matter pleaded in the complaint as an estoppel. From these averments it appears, in brief, that Chaplin’s Addition to La Grande was laid out and platted in 1884, and 0 Street thereon dedicated to the public. The street, however, was never opened or improved by the city, and it never assumed authority or control over it until the fall of 1904. In 1891 the plaintiff’s grantor bought lots 4, 5 and 6 in block 74, abutting on 0 Street, and, with the consent and…
2Cases cited6 opinions
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- County of Piatt v. GoodellIllinois Supreme Court · 1880
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- Schooling v. HarrisburgOregon Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wiggins v. Barrett & Associates, Inc.Oregon Supreme Court · 1983
- Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
- Moore v. FowlerOregon Supreme Court · 1911
- Christian v. EugeneOregon Supreme Court · 1907
- City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
13 more not listed; retrieve them via the Exa API.