Lapp v. Marshfield
Oregon Supreme Court
From Coos: John S. Cone, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by Joseph L. Lapp against the City of Marshfield, of the county of Coos and State of Oregon, a municipal corporation, and J. "W. Carter, as marshal of the said City of Marshfield, to enjoin the collection of certain assessments for the improvement of Cedar Street in said city.
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From Coos: John S. Cone, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by Joseph L. Lapp against the City of Marshfield, of the county of Coos and State of Oregon, a municipal corporation, and J. "W. Carter, as marshal of the said City of Marshfield, to enjoin the collection of certain assessments for the improvement of Cedar Street in said city. The complaint alleges the due and regular passage by the city council of a resolution declaring the intention of the city to improve a portion of Cedar Street from the north line of Third Street to a point 12 feet…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
"While the testimony as to the location of the tract purchased by plaintiff from the state is not so clear and satisfactory as could be desired, we are of the opinion that the testimony of the witness Cathcart tends to place it where it is indicated upon the map offered in evidence. Although the deed from the state is irregular and perhaps not so definite as to the boundaries of the tract conveyed as is usually the case, nevertheless it contains those elements of description by which a surveyor going upon the ground would be able to find the property. For…
2Cases cited7 opinions
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Town of Woodruff Place v. RaschigIndiana Supreme Court · 1897
- Becker v. Baltimore & Ohio Southwestern Railway Co.Indiana Court of Appeals · 1897
- Welch v. Clatsop CountyOregon Supreme Court · 1893
- Kirkpatrick v. City of DallasOregon Supreme Court · 1911
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3Cited by5 opinions
- Bagley v. BlochOregon Supreme Court · 1917
- Kampstra v. Salem Heights Water DistrictOregon Supreme Court · 1964
- Wilson v. City of PortlandOregon Supreme Court · 1917
- Valenti v. HopkinsOregon Supreme Court · 1996
- Valenti v. HopkinsOregon Supreme Court · 1996