Latimer v. Tillamook County
Oregon Supreme Court
Tillamook county: R. P. Boise, Judge. Defendant appeals. This controversy arises out of an application to vacate a certain county road in Tillamook county. The petition among other things states in effect that the petitioners are householders in said county and state, and reside in the vicinity of the road proposed to be vacated. Said petition contained about two hundred names. The notice is in proper form, and has appended to it the same names that appear on the petition.
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Tillamook county: R. P. Boise, Judge. Defendant appeals. This controversy arises out of an application to vacate a certain county road in Tillamook county. The petition among other things states in effect that the petitioners are householders in said county and state, and reside in the vicinity of the road proposed to be vacated. Said petition contained about two hundred names. The notice is in proper form, and has appended to it the same names that appear on the petition. The proof of notice is as follows: “ I, L. G. Freeman, being duly sworn, say that on the sixth day of December, 1890,…
1Opinion of the CourtStrahan, C. J.
The questions made on this appeal which we deem material will be separately noticed.
The first is as to the sufficiency of the proof of notice. The affidavit recites that three of said notices were posted in public places in the vicinity of said road sought to be vacated, to wit, one each at the terminus of said road, and one posted in full view of the public on the bridge on the Wilson river, commonly known as the Freeman bridge, and one notice on the bulletin board at the court house, or the place of holding court in said county and state. It wras suggested that this proof tended to show…
2Cases cited2 opinions
- Forsythe v. KreuterIndiana Supreme Court · 1885
- Daugherty v. BrownSupreme Court of Missouri · 1886
3Cited by11 opinions
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- In re HullSupreme Court of Minnesota · 1925
- Lauderback v. Multnomah CountyOregon Supreme Court · 1924
- Grady v. DundonOregon Supreme Court · 1897
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