Legal Opinion

Smith v. Jefferson

Oregon Supreme Court

Decided March 2, 1915PublishedCited by 13 opinions

From Marion: "William Galloway, Judge. Department 2. Statement by Mr. Justice Harris. Tbis is a suit commenced by O. M. Smith and Joseph G. Fontaine, partners doing business at Jefferson, Oregon, under the firm name and style of Smith & Fontaine, "W. L. Jones, Guy E. Eades, Lena McFarlane and Zora Fredericks en, the only heirs of the estate of S. E. Eades, deceased, O. O. Morrill, H. L. Ward and S. P. Ward, against the City of Jefferson, Oregon, and Frank Beeves, marshal of…

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From Marion: "William Galloway, Judge. Department 2. Statement by Mr. Justice Harris. Tbis is a suit commenced by O. M. Smith and Joseph G. Fontaine, partners doing business at Jefferson, Oregon, under the firm name and style of Smith & Fontaine, "W. L. Jones, Guy E. Eades, Lena McFarlane and Zora Fredericks en, the only heirs of the estate of S. E. Eades, deceased, O. O. Morrill, H. L. Ward and S. P. Ward, against the City of Jefferson, Oregon, and Frank Beeves, marshal of the City of Jefferson, Oregon, for the purpose of preventing the collection of certain assessments levied on account of…

1Opinion of the CourtJustice Harris

1. The plaintiffs have urged numerous objections. It is contended that no plans or specifications were *185adopted by the council or filed with the city recorder. The plans and specifications received in evidence were identified and clearly shown to have been read and approved at the council meeting held February 3d. The resolution and posted notices of intention to do the work, the resolution providing for bids, the published notice for bids, and the resolution levying an assessment for the work, all directly refer to the plans and specifications as being on file or as having been adopted. The…

2Cases cited35 opinions

  1. Lang v. Mayor of BayonneSupreme Court of New Jersey · 1907
  2. Hamlin v. KassaferOregon Supreme Court · 1887
  3. Minard v. Douglas CountyOregon Supreme Court · 1881
  4. Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
  5. Bade v. HibberdOregon Supreme Court · 1908

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3Cited by13 opinions

  1. DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
  2. Butler v. City of AshlandOregon Supreme Court · 1924
  3. Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
  4. State v. VoghCourt of Appeals of Oregon · 2002
  5. State v. KincaidOregon Supreme Court · 1930

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