Legal Opinion

Keenan v. City of Portland

Oregon Supreme Court

Decided October 29, 1894PublishedCited by 8 opinions

Appeal from Multnomah: E. D. Shattuck, Judge. This is au action against the City of Portland as the successor of the City of East Portland, by consolidation of the two cities, to recover the cost of improving a street.

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Appeal from Multnomah: E. D. Shattuck, Judge. This is au action against the City of Portland as the successor of the City of East Portland, by consolidation of the two cities, to recover the cost of improving a street. The record discloses that the plaintiffs, S. M. Keenan and Son, built an elevated plank roadway on N Street, in the City of East Portland, under a contract with said city, and received therefrom for such improvement city warrants for three thousand three hundred and forty-nine dollars, drawn on a fund to be raised by an assessment upon the abutting property, under an ordinance…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

It is contended on the part of the defendant that, conceding the plaintiffs had a remedy against the city for its failure to collect the assessment, they having voluntarily purchased the property at its sale for the delinquent assessment, and having surrendered their warrants, are without remedy if the title they bargained for fails; while the plaintiffs’ counsel maintain that their clients were creditors of the city, that they purchased the property to satisfy their claim, and that, the proceedings having been declared void, and the issuance of deeds enjoined,…

2Cases cited3 opinions

  1. Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
  2. Settlemire v. NewsomeOregon Supreme Court · 1882
  3. Dowell v. City of PortlandOregon Supreme Court · 1886

3Cited by8 opinions

  1. Parker v. DalyOregon Supreme Court · 1911
  2. Gaston v. PortlandOregon Supreme Court · 1906
  3. Evans v. Meridian Investment & Trust Co.Oregon Supreme Court · 1917
  4. Gaston v. PortlandOregon Supreme Court · 1902
  5. West v. Scott-McClure Land Co.Oregon Supreme Court · 1917

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