Klovdahl v. Springfield
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. In Banc. Statement by Mr. Justice Burnett. This is a suit by Simon Klovdahl against the town of Spring-field and others, in which the plaintiff undertakes to give a history of the doings of the council of Springfield resulting in building a cement sidewalk in front of his property and docketing a lien against his holdings for $580.21, whereby, as he avers, a cloud was created upon his title.
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From Lane: James W. Hamilton, Judge. In Banc. Statement by Mr. Justice Burnett. This is a suit by Simon Klovdahl against the town of Spring-field and others, in which the plaintiff undertakes to give a history of the doings of the council of Springfield resulting in building a cement sidewalk in front of his property and docketing a lien against his holdings for $580.21, whereby, as he avers, a cloud was created upon his title. Contending that the proceedings of the city in that respect were void, he brings this suit. He declares that the charter of the town requires notice to be given of the…
1Opinion of the CourtJustice Burnett
1. The chief plaint of the suitor is that the city was without jurisdiction, because notice was not given of its intention to build the walk. The allegation of the complaint, however, presents no issuable statement on tMs subject. Good pleading requires that, instead of saying that “notice was not given as required by the charter of said town,” the facts relating to that matter be averred, leaving the court to draw the legal conclusion of whether or not the requirements of the charter have been fulfilled: O’Hara v. Parker, 27 Or. 156 (39 Pac. 1004); Zorn v. Livesley, 44 Or. 501 (75 Pac.…
2Cases cited26 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- House v. JacksonOregon Supreme Court · 1893
- Bogard v. BarhanOregon Supreme Court · 1908
- Smith v. McDuffeeOregon Supreme Court · 1914
- McDaniel v. ChiaramonteOregon Supreme Court · 1912
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3Cited by4 opinions
- Almada v. VandecarOregon Supreme Court · 1919
- Bailey v. GatesNevada Supreme Court · 1930
- City of Woodburn v. Dekabi, Inc.Court of Appeals of Oregon · 1975
- Credit Service Co. v. PetersOregon Supreme Court · 1925