Ivanhoe v. City of Enterprise
Oregon Supreme Court
From Wallowa: Robert Eakin, Judge. This is an appeal from the judgment of the circuit court on review of proceedings in an action at law brought by the City of Enterprise before its recorder, sitting as a justice of the peace, against Messrs. Ivanhoe and Sheahan the plaintiffs herein, to recover the sum of three dollars, being the cost to the city of the construction of a surface drain-way or gutter in the public street in front of the plaintiffs’ property.
Read the full summary
From Wallowa: Robert Eakin, Judge. This is an appeal from the judgment of the circuit court on review of proceedings in an action at law brought by the City of Enterprise before its recorder, sitting as a justice of the peace, against Messrs. Ivanhoe and Sheahan the plaintiffs herein, to recover the sum of three dollars, being the cost to the city of the construction of a surface drain-way or gutter in the public street in front of the plaintiffs’ property. On June twenty-second, eighteen hundred and ninety-four, the city provided by ordinance for the construction of surface drainways or…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
Several interesting questions have been presented *247and ably argued by counsel, but we shall only notice one which we deem decisive of the case. It is contended by plaintiffs that the personal judgment against them is void for the reason, among others, that a tax or assessment for local improvement can, under the charter of the city, be made a charge only upon the property benefited, and not' against the owner personally, and in our opinion this position is well taken. It is extremely doubtful whether a statute creating or authorizing a personal liability…
2Cases cited6 opinions
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Neenan v. SmithSupreme Court of Missouri · 1872
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Mayor of Annapolis v. HarwoodCourt of Appeals of Maryland · 1870
- Green v. WardSupreme Court of Virginia · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- Schmid v. City of PortlandOregon Supreme Court · 1917
- Parker v. Hood RiverOregon Supreme Court · 1916
- Utley v. City of St. PetersburgSupreme Court of Florida · 1932
- City of Moundsville v. BrownWest Virginia Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.