Sperry v. City of Albina
Oregon Supreme Court
Appeal from a decree of the circuit court for the county of Multnomah, dismissing the appellants’ complaint after a demurrer thereto had been sustained.
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Appeal from a decree of the circuit court for the county of Multnomah, dismissing the appellants’ complaint after a demurrer thereto had been sustained. The appellants alleged in their complaint that the respondents, the city of Albina, is a municipal corporation created by an act of the legislative assembly of the state of Oregon, approved February 4, 1887, and was vested with the usual and ordinary powers of a body corporate, and that the other respondents were its mayor, common council, and recorder; that among the powers to be exercised by the said officers was the authority to grade,…
1Opinion of the Court
Thayer, C. J-.
The question to be determined in this case is as to the sufficiency of the appellants' complaint. The suit appears to haVe been predicated upon the ground that the proceedings to improve the street were irregular, and that the respondents would undertake to charge the expense of it upon their property abutting upon the street. The apprehension that such an attempt would be made -seems to have arisen from the fact that the city council passed the ordinance numbered 37, declaring the costs, accepting the work of the contractor, and directing an entry of the assessment to be made…
2Cited by2 opinions
- Moores v. Clackamas CountyOregon Supreme Court · 1902
- Kirkpatrick v. City of DallasOregon Supreme Court · 1911