John P. Sharkey Co. v. City of Portland
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is a suit by John P. Sharkey Company, a corporation, against the City of Portland, M. J. Connelley, and Messrs.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is a suit by John P. Sharkey Company, a corporation, against the City of Portland, M. J. Connelley, and Messrs. Scott & McDougal, to restrain the defendants from wrongfully removing earth from an excavation being made in the improvement of Franklin Street in the city of Portland, and to compel defendants to account for and pay the value of earth which plaintiff claims has been already unlawfully converted. The complaint, which is too voluminous for insertion here, alleges in substance, that W. Scott and T.…
1Opinion
On the Merits.
The defendants appeared separately and demurred to the complaint as not stating facts sufficient to constitute a cause of suit, and, the demurrer being overruled, they filed separate answers, admitting the formal allegations of the complaint, but denying the portions above set out, except as stated in their further answer. The further answer alleges that, on April 24, 1907, plaintiff’s predecessor in interest in Waverleigh addition filed a petition with the city auditor for the grading and improvement of several designated streets in that addition, including Franklin Street, and…
2Cases cited10 opinions
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- Lankin v. TerwilligerOregon Supreme Court · 1892
- Parker v. TaylorOregon Supreme Court · 1879
- Huddleston v. City of EugeneOregon Supreme Court · 1899
- City of Aurora v. FoxIndiana Supreme Court · 1881
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