Manley v. City of Marshfield
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 2. This is a suit brought to enjoin the City of Marsh-field and its recorder and marshal from enforcing some municipal liens for the improvement of Fourth Street South, in that city, from the south line of Elrod Avenue to the south line of Railroad Addition to Marshfield. The decree of the Circuit Court enjoined such enforcement “until the completion of the improvement.” Plaintiffs appeal.
1Opinion of the CourtMcCAMANT, J.
1. Defendants contend that plaintiffs’ assignments of error are insufficient to raise the questions relied on. The ninth assignment is as follows :
“The court erred in failing to decree the said assessments void; and in failing to remove the cloud thereof from the title of plaintiffs’ real property described in the complaint.”
This assignment is sufficient within the rule announced in 2 R. C. L. 163; 3 C. J. 1349, and Hayden v. Astoria, 84 Or. 205, 210, 211 (164 Pac. 729).
2. It is next contended that the notice of intention to improve is insufficient. The requirements of the charter on the…
2Cases cited21 opinions
- Dougherty v. HitchcockCalifornia Supreme Court · 1868
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Duniway v. PortlandOregon Supreme Court · 1905
- Wilson v. City of SalemOregon Supreme Court · 1893
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
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3Cited by3 opinions
- Mansell v. City of New CordellSupreme Court of Oklahoma · 1926
- Mansfield v. City of Rapid CitySouth Dakota Supreme Court · 1925
- City of Astoria v. Douglas Land Co.Oregon Supreme Court · 1932