Chan Sing v. Astoria
Oregon Supreme Court
From Clatsop: Jambs A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a suit by Chan Sing, Lum Sue, George Howe, Alex Karsen and N. Goldberg to enjoin the City of Astoria and its officers from enforcing an ordinance requiring certain classes of business to close at fixed hours of each day in the week.
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From Clatsop: Jambs A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a suit by Chan Sing, Lum Sue, George Howe, Alex Karsen and N. Goldberg to enjoin the City of Astoria and its officers from enforcing an ordinance requiring certain classes of business to close at fixed hours of each day in the week. The original complaint alleged the incorporation of the city as a municipality under acts of the legislative assembly and “pursuant to acts amendatory thereof adopted by the legal voters of said municipality. ” It is averred: “That subdivision 3, Section 38, of the charter of said…
1Opinion of the CourtJustice Burnett
1. A court of equity will sustain a suit to enjoin prosecutions under a void law: Spaulding v. McNary, 64 Or. 491 (130 Pac. 391, 1128).
2-4. It is stated in Section 90, L. O. L.:
“In pleading an ordinance or enactment of any incorporated city, town, or village, or a right derived therefrom, * * it shall be sufficient to refer to such ordinance or enactment by its title and the date of its approval, and the court shall thereupon take judicial notice thereof.”
This does not provide an exclusive rule of pleading, nor deprive the pleader of the right to state the provisions of either a? charter or…
2Cases cited21 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- State v. RedmonWisconsin Supreme Court · 1907
- Ladd v. HolmesOregon Supreme Court · 1901
- Edmonds v. HerbrandsonNorth Dakota Supreme Court · 1891
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3Cited by21 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- State Ex Rel. Evans v. KozerOregon Supreme Court · 1925
- Gila Meat Co. v. StateArizona Supreme Court · 1929
- Elliott v. StateArizona Supreme Court · 1926
- Kroner v. City of PortlandOregon Supreme Court · 1925
16 more not listed; retrieve them via the Exa API.