Legal Opinion

Hancock Land Co. v. Portland

Oregon Supreme Court

Decided September 12, 1916PublishedCited by 10 opinions

From Multnomah: Lawrence T. Harris, Judge. Department No. 1. Statement by Mr. Chief Justice Moore. This is a suit by tbe Hancock Land Company, a corporation, against the City of Portland, a municipal corporation, to cancel an assessment of real property and to enjoin the sale of the premises alleged to have been benefited by a street improvement.

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From Multnomah: Lawrence T. Harris, Judge. Department No. 1. Statement by Mr. Chief Justice Moore. This is a suit by tbe Hancock Land Company, a corporation, against the City of Portland, a municipal corporation, to cancel an assessment of real property and to enjoin the sale of the premises alleged to have been benefited by a street improvement. The complaint states generally that, pursuant to authority conferred by the common council of Portland, Page Street in that city was improved from the east line of Albina Avenue to the west line of Boss Street, extended southerly, and the cost…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1. At the trial the plaintiff’s counsel offered in evidence an affidavit of posting the notices of the pro*88posed improvement, whereupon the court, referring to such written sworn, statement, remarked:

“As I understand, counsel for the defense admits this proof of posting originally filed does not meet the requirements of the law?”

The defendant’s counsel replied:

“Yes; we will admit that.
“The Court: And that if the proceedings were based only on this original proof, that there is disclosed a lack of jurisdiction?
“Defendant’s Counsel: Yes; if they were based on…

2Cases cited4 opinions

  1. Hughes v. City of PortlandOregon Supreme Court · 1909
  2. Duniway v. PortlandOregon Supreme Court · 1905
  3. Goodnough Mercantile Co. v. GallowayOregon Supreme Court · 1906
  4. Trummer v. KonradOregon Supreme Court · 1897

3Cited by10 opinions

  1. Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
  2. State v. JamesOregon Supreme Court · 2005
  3. Overland Southern Motor Co. v. Maryland Casualty Co.Supreme Court of Georgia · 1917
  4. City of Seaside v. Oregon Surety & Casualty Co.Oregon Supreme Court · 1918
  5. Gregan v. Northwestern Ins.Oregon Supreme Court · 1917

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