Sime v. Spencer
Oregon Supreme Court
From Benton: J. C. Fullerton, Judge. This is a suit by Alex Sime to enjoin Wm. Spencer, who is the supervisor of road district No. 30, in Benton County, from opening a newly- laid county road ordered opened by the County Court. A demurrer was interposed to the complaint, which was sustained, and a decree entered in favor of defendant, dismissing the complaint, and for costs and disbursements. Plaintiff appeals.
1Opinion of the Court
*341Opinion by
Mr. Justice Wolverton.
1. The only question in this case is whether the County Court of Benton County, Oregon, acquired jurisdiction to view, lay out, locate, and open the alleged county road, the opening of which plaintiff is resisting, and its solution depends mainly upon the sufficiency of the petition for such road. It may now be regarded as firmly settled that the County Court, while in the exercise of its prescribed powers in the laying out, alteration, and vacation of county roads, is a court of limited and inferior jurisdiction, and that every essential jurisdictional fact…
2Cases cited8 opinions
- Thompson v. Multnomah CountyOregon Supreme Court · 1861
- Bewley v. GravesOregon Supreme Court · 1889
- Johns v. Marion CountyOregon Supreme Court · 1870
- State v. OfficerOregon Supreme Court · 1871
- Woodruff v. County of DouglasOregon Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- Perry v. ReynoldsIdaho Supreme Court · 1942
- Marchel v. BungerCourt of Appeals of Washington · 1975
- French Livestock Co. v. Harney CountyOregon Supreme Court · 1899
- French-Glenn Co. v. Harney CountyOregon Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.