Purdin v. Hancock
Oregon Supreme Court
From Washington: James U. Campbell, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by Ira E. Purdin and Elmer Purdin against George G. Hancock, sheriff of Washington County, Oregon, and Washington County, Oregon. The plaintiffs allege that they are owners of real and personal property situated in road district No. 29, in Washington County.
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From Washington: James U. Campbell, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by Ira E. Purdin and Elmer Purdin against George G. Hancock, sheriff of Washington County, Oregon, and Washington County, Oregon. The plaintiffs allege that they are owners of real and personal property situated in road district No. 29, in Washington County. They allege that the' county judge and commissioners of that county, sitting as a board for the transaction of county business, “did on December 31, 1909, attempt to levy a special road tax of five mills on the dollar of taxable…
1Opinion of the CourtJustice Burnett
1. The demurrer was properly sustained. The allegations of the complaint which have been quoted contain merely conclusions of law. No fact is properly pleaded, where, for instance, it is said that “no legal notice of any meeting of the taxpayers of said road district No. 29 was posted, published, or given,” “no lawful meeting of the taxpayers of said road district No. 29 was held,” and “no legal or valid vote was had or taken in said road district to authorize any special road tax levy.” The ultimate facts showing the defects complained of should have been stated, so that the court would be…
2Cases cited5 opinions
- Longshore Printing Co. v. HowellOregon Supreme Court · 1894
- Splonskofsky v. MintoOregon Supreme Court · 1912
- Morton v. WessingerOregon Supreme Court · 1911
- State ex rel. v. WilliamsOregon Supreme Court · 1904
- Cook v. HowardOregon Supreme Court · 1911
3Cited by19 opinions
- State Highway Commission v. ArnoldOregon Supreme Court · 1959
- Fresk v. KraemerOregon Supreme Court · 2004
- Butler v. United Pacific Insurance Co.Oregon Supreme Court · 1973
- State Highway Commission v. VellaOregon Supreme Court · 1958
- City of Salem v. H.S.B.Oregon Supreme Court · 1987
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