Kamer v. Clatsop County
Oregon Supreme Court
Appeal from Clatsop County. This is an appeal from the judgment of. the Circuit court upon a writ of review taken from proceedings of the county court of Clatsop county, in relation to the laying out of a county road. At a regular term of the county court a petition was presented for a road across the lands of the appellant.
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Appeal from Clatsop County. This is an appeal from the judgment of. the Circuit court upon a writ of review taken from proceedings of the county court of Clatsop county, in relation to the laying out of a county road. At a regular term of the county court a petition was presented for a road across the lands of the appellant. Yiewers and a surveyor were appointed, who proceeded to locate the proposed road, and who, at the July term following, reported in favor of establishing the same. At such July term, the appellant having filed his petition for damages, viewers were appointed to assess the…
1Opinion of the Court
By the Court, McArthur, J.:
Upon the facts set forth three points are presented for our consideration by appellant’s counsel. First, that the court below erred in entertaining the second petition while the first one was pending, and in proceeding upon said second petition after ordering and adjudging upon the first petition that the road be not established. Second, that bachelors without families are not qualified petitioners for a road, and consequently there was not a sufficient number of qualified petitioners upon the first petition. Third, that said court had no power to call a special…
2Cited by2 opinions
- Goldfield-Mohawk Mining Co. v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1909
- Steelhammer v. Clackamas CountyOregon Supreme Court · 1943