Legal Opinion

Fisher v. Union County

Oregon Supreme Court

Decided June 15, 1903PublishedCited by 11 opinions

From Union: Robert Eakin, Judge. Writ of review by E. Fisher against Union County to review the action of the county court of said county in vacating a county road. From a judgment dismissing the writ, petitioner appeals. I. Jurisdiction is acquired by county courts to lay out, alter or vacate county roads by the presentation of a proper petition, accompanied by proof that notice of the proceeding has been given as required by statute (Hill’s Ann.

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From Union: Robert Eakin, Judge. Writ of review by E. Fisher against Union County to review the action of the county court of said county in vacating a county road. From a judgment dismissing the writ, petitioner appeals. I. Jurisdiction is acquired by county courts to lay out, alter or vacate county roads by the presentation of a proper petition, accompanied by proof that notice of the proceeding has been given as required by statute (Hill’s Ann. Laws, §§ 4062, 4063, and 4064; Johns v. Marion County, 4 Or. 46), and the process of locating or altering is the same as that of vacating: Vedder…

1Opinion of the Court

Mu. Chief Justice Mooue

delivered the opinion.

This is an appeal from a judgment of the circuit court for Union County dismissing a writ of review. The petition for the writ, omitting the title, prayer, subscription, and verification, is as follows :

“Now at this time comes the above-named plaintiff, E. Fisher, and by this, his petition, shows to the court and alleges: That the plaintiff resides in the vicinity of the county road hereinafter described, and is one of the remonstrators against the closing and vacation of the same; that heretofore, to wit, on the fourth day of April, 1900, one T.…

2Cases cited9 opinions

  1. Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
  2. Woodruff v. County of DouglasOregon Supreme Court · 1889
  3. Grady v. DundonOregon Supreme Court · 1897
  4. Cameron v. Wasco CountyOregon Supreme Court · 1895
  5. Mays v. LewisTexas Supreme Court · 1849

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Sustar v. County CourtOregon Supreme Court · 1921
  2. Holmes v. ColeOregon Supreme Court · 1908
  3. Hochfeld v. PortlandOregon Supreme Court · 1914
  4. Elmore Packing Co. v. Tillamook CountyOregon Supreme Court · 1909
  5. Thompson v. BD. OF CTY. COM'RS OF COLUMBIACourt of Appeals of Oregon · 1977

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