Strout v. City of Portland
Oregon Supreme Court
Appeal from Multnomah.: Loyal B. Stearns, Judge. This is a suit brought by G. H. Strout, Peter Johnson, •Rosetta Kuhn, J. H. E. Cramer, and Joseph Noonan, to enjoin C. H. Hunt, the chief of police of the City of Portland, from selling certain lots of the plaintiffs in said city, in pursuance of warrants issued to him for the collection of an assessment made thereon for the improvement of Weidler Street, in said city, and to have such assessment canceled and declared void.
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Appeal from Multnomah.: Loyal B. Stearns, Judge. This is a suit brought by G. H. Strout, Peter Johnson, •Rosetta Kuhn, J. H. E. Cramer, and Joseph Noonan, to enjoin C. H. Hunt, the chief of police of the City of Portland, from selling certain lots of the plaintiffs in said city, in pursuance of warrants issued to him for the collection of an assessment made thereon for the improvement of Weidler Street, in said city, and to have such assessment canceled and declared void. The plaintiffs allege that the proceedings of the common council providing for the improvement and making the assessment…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. An examination of the record discloses that the court was fully warranted in its conclusion that the common council had not acquired jurisdiction to make the improvement, and the only question presented by this appeal is whether the plaintiffs, one of whom signed the petition for the improvement, are estopped by their silence and apparent acquiescence from questioning the regularity of the proceedings. The assessment of property for a local improvement is always a proceeding in invitum, and rests upon the theory that the property of the citizen has been…
2Cases cited17 opinions
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Damp v. Town of DaneWisconsin Supreme Court · 1872
- Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
- Rogers v. City of SalemOregon Supreme Court · 1912
- Jones v. City of SalemOregon Supreme Court · 1912
- Wingate v. AstoriaOregon Supreme Court · 1901
- Phipps v. MedfordOregon Supreme Court · 1916
10 more not listed; retrieve them via the Exa API.