Day v. Salem
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit by N. Day and C. H. Wheeler against the City of Salem, a municipal corporation, Charles Elgin, recorder, Ira Hamilton, city marshal of said City of Salem, Fred Rice, E. D. Allen, Harry P. Minto, respectively assessor, county clerk and sheriff of Marion County, Oregon, to enjoin the collection of taxes.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit by N. Day and C. H. Wheeler against the City of Salem, a municipal corporation, Charles Elgin, recorder, Ira Hamilton, city marshal of said City of Salem, Fred Rice, E. D. Allen, Harry P. Minto, respectively assessor, county clerk and sheriff of Marion County, Oregon, to enjoin the collection of taxes. The facts are as follows: In the year 1910, upon petition of a large number of electors of the City of Salem, the common council took steps to extend the boundaries of the city to include, with other property,…
1Opinion of the CourtJustice Eakin
The questions involved here relate to the sufficiency of the complaint to show that the proceedings of the city council in attempting to extend the city boundaries over the plaintiffs’ property were void.
1. A large part of'the territory attempted to be annexed to the city is ground occupied by the Oregon State Insane Asylum and other state property; and it is contended that all of the votes cast in the territory to be annexed, namely, 42, were cast by employees at the said asylum,- and that therefore they were not residents in the territory sought to be annexed, and were not entitled to vote…
2Cases cited20 opinions
- United States v. HerronSupreme Court of the United States · 1874
- United States v. KnightSupreme Court of the United States · 1840
- State v. OlcottOregon Supreme Court · 1912
- People ex rel. Budd v. HoldenCalifornia Supreme Court · 1865
- Silvey v. . LindsayNew York Court of Appeals · 1887
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3Cited by12 opinions
- Common Council v. Town Board of JohnstownNew York Court of Appeals · 1973
- Community Gas and Service Company v. WalbaumSupreme Court of Oklahoma · 1965
- State Ex Rel. McHenry v. MacKOregon Supreme Court · 1930
- Robert E. McKee, General Contractor, Inc. v. Bureau of RevenueNew Mexico Supreme Court · 1969
- City of Anchorage v. AkersDistrict Court, D. Alaska · 1951
7 more not listed; retrieve them via the Exa API.