Bitting v. Douglas County
Oregon Supreme Court
Douglas County: J. C. Fullerton, Judge. Defendant appeals. This is a special proceeding by C. H. Bitting, to review the action of the county court of Douglas County in the matter of changing a county road.
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Douglas County: J. C. Fullerton, Judge. Defendant appeals. This is a special proceeding by C. H. Bitting, to review the action of the county court of Douglas County in the matter of changing a county road. The facts show that the notices posted by the petitioners were not dated, and that they failed to state when the next session of the county court of said county would be held; that on the fifth of May, 1890, a petition containing the names of fifty-eight persons was filed with the county clerk of said county, and J. EL Martin, one of the petitioners, made and filed his affidavit, from which…
1Opinion of the CourtJustice Moore
In the examination of this record we shall only consider the sixth and seventh assignments of error, as we deem them decisive of the case. In proceedings to establish a county road, the petition is the complaint, and the notice is the process which gives the county court jurisdiction : Jones v. Marion County, 4 Or. 46. The advertisement is the process, and the posting in public places is the service: Minard v. Douglas County, 9 Or. 206. In King v. Benton County, 10 Or. 512, Waldo, J., says: “It is common sense that the notice should give full information of the intended proceeding.” In Vedder…
2Cases cited4 opinions
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Johns v. Marion CountyOregon Supreme Court · 1870
- Vedder v. Marion CountyOregon Supreme Court · 1892
- King v. Benton CountyOregon Supreme Court · 1883
3Cited by8 opinions
- Stovall v. Publishers Paper Co.Oregon Supreme Court · 1978
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Columbia Auto Works, Inc. v. YatesOregon Supreme Court · 1945
- Keane v. City of PortlandOregon Supreme Court · 1925
- Tulloch v. CockrumOregon Supreme Court · 1925
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