Moffitt v. Salem
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. Statement Per Curiam. This is an action by A. T. Moffitt against the City of Salem.
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From Marion: Percy R. Kelly, Judge. Department 2. Statement Per Curiam. This is an action by A. T. Moffitt against the City of Salem. The complaint charges: “That at all times hereinafter mentioned defendant, the City of Salem, was and now is a municipal corporation, duly and regularly incorporated, organized and existing under and by virtue of the laws of the State of Oregon; that on and between the thirteenth day of October, 1911, and the tenth day of November, 1911, defendant received from A. T. Moffitt the sum of $115.44, to and for the use of plaintiff; that thereafter and prior to the…
1Opinion of the Court
Opinion
Pee Cubiam.
The only question to be considered is whether the findings of fact support the conclusion of law and the judgment founded thereon. The findings of fact accord with the material averments of the complaint, of the answer and of the reply. These findings further state that ordinances numbered 821 and 876 of the defendant were duly enacted and approved, pursuant to which a sewer was constructed in South Salem, and by reason thereof there was imposed on lots 3 and 4 in block 19 of Nob Hill Addition to Salem, Oregon, then the property of the plaintiff, a burden of $115.44, which…
2Cases cited5 opinions
- Board of Comm'rs v. RuckmanIndiana Supreme Court · 1877
- Jones v. City of SalemOregon Supreme Court · 1912
- Johnson v. Crook CountyOregon Supreme Court · 1909
- Tillamook City v. Tillamook CountyOregon Supreme Court · 1910
- Neer v. SalemOregon Supreme Court · 1915
3Cited by4 opinions
- Staiger v. HolmanOregon Supreme Court · 1932
- Atkins v. Department of RevenueOregon Supreme Court · 1995
- First National Bank v. Benton CountyOregon Supreme Court · 1944
- Trustees of the Methodist Episcopal Church South v. AylorCourt of Appeals of Kentucky (pre-1976) · 1930