Mall v. City of Portland
Oregon Supreme Court
From Multnomah : Loyal B. Stearns, Judge. This is a suit by "W. H. Mall and others to enjoin the City of Portland and its chief of police from selling plaintiffs’ property to pay a certain sewer assessment which includes a disputed item of interest. The case comes here on an appeal from a decree sustaining a demurrer to the complaint and dismissing the suit.
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From Multnomah : Loyal B. Stearns, Judge. This is a suit by "W. H. Mall and others to enjoin the City of Portland and its chief of police from selling plaintiffs’ property to pay a certain sewer assessment which includes a disputed item of interest. The case comes here on an appeal from a decree sustaining a demurrer to the complaint and dismissing the suit. The facts, as disclosed by the complaint, are, in brief, that in 1895 the defendant city laid down and constructed a sewer, and assessed the cost thereof against the property benefited thereby, including that of the plaintiffs, who,…
1Opinion of the CourtJustice Bean
1. It is the universal rule that a special assessment, like the one in question, does not bear interest unless the law so provides : Sargent v. Tuttle, 67 Conn. 162 (32 L. R. A. 822, 34 Atl. 1028). Unless, therefore, some general statute, or provision of the charter of the City of Portland, or of the bonding act to which reference has already been made, expressly or by clear implication authorizes the defendant to levy and collect interest upon an assessment for sewer purposes, payable in installments, as provided in section 5 of the bonding act, it cannot be done.
2. Now, it is not claimed…
2Cases cited1 opinion
- Sargent & Co. v. TuttleSupreme Court of Connecticut · 1895
3Cited by6 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Behrens v. Commercial Waterway District No. 1Washington Supreme Court · 1919
- Ladd v. GambellOregon Supreme Court · 1899
- Giles v. RoseburgOregon Supreme Court · 1916
- Elliott v. City of PortlandOregon Supreme Court · 1917
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