Legal Opinion

City of Salem v. Marion County

Oregon Supreme Court

Decided March 13, 1894PublishedCited by 11 opinions

Appeal from Marion: Geo. H. Burnett, Judge. This is an appeal from a judgment of the circuit court of Marion County, dismissing a writ of review issued by said court at tbe instance of plaintiff to review the proceedings of the county court in disallowing and rejecting a claim presented by said plaintiff for three thousand seven hundred and sixty-three dollars and ninety-seven cents, being the amount collected by the defendant from the taxable property within the corporate…

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Appeal from Marion: Geo. H. Burnett, Judge. This is an appeal from a judgment of the circuit court of Marion County, dismissing a writ of review issued by said court at tbe instance of plaintiff to review the proceedings of the county court in disallowing and rejecting a claim presented by said plaintiff for three thousand seven hundred and sixty-three dollars and ninety-seven cents, being the amount collected by the defendant from the taxable property within the corporate limits of the city of Salem and the inhabitants thereof as road taxes. The record discloses, in substance, that the…

1Opinion of the Court

Opinion by

Mr. Chief Justice Lord.

1. The plaintiff claims that it was entitled to these taxes by virtue of section 36 of its charter, which is as follows: “The power and authority given by general law of the state to the county court of Marion County to divide said county into road districts, to appoint road supervisors, to lay out or work highways, to license the sale of liquor, and to grant ferry licenses, shall not apply or extend to the territory within the limits of the city of Salem; but said territory and the inhabitants thereof are hereby excepted out of the jurisdiction of said court…

2Cases cited1 opinion

  1. Chapman v. County of DouglasSupreme Court of the United States · 1883

3Cited by11 opinions

  1. Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
  2. City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917
  3. Town of Balkan v. Village of BuhlSupreme Court of Minnesota · 1924
  4. Eugene v. Lane CountyOregon Supreme Court · 1908
  5. Humboldt County v. Lander CountyNevada Supreme Court · 1899

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