State ex rel. Rudd v. Ringold
Oregon Supreme Court
From Umatilla: Gilbert "W. Phelps, Judge. In Banc. This is a mandamus proceeding instituted by plaintiff, a citizen, resident and voter of the City of Pendleton, because of the erection of a wooden building contrary to the ordinances of the City of Pendleton. The relator, as sole plaintiff, originated the action.
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From Umatilla: Gilbert "W. Phelps, Judge. In Banc. This is a mandamus proceeding instituted by plaintiff, a citizen, resident and voter of the City of Pendleton, because of the erection of a wooden building contrary to the ordinances of the City of Pendleton. The relator, as sole plaintiff, originated the action. The proceeding is brought to compel the defendant, as fire chief of the' City of Pendleton, to “enforce Ordinances 405 and 1053; tear down and remove one wooden building, which is eleven feet wide, forty feet long, eight feet high, with a front sixteen feet high, which is located on…
1Opinion of the CourtBean, J.
Plaintiff assigns as error the sustaining of the demurrer.
While the location of the building is given in the writ, it is not directly alleged that it is located within the fire limits of the City of Pendleton. The plaintiff does not show that he owns buildings in close proximity to the one in question, so that he would sustain or be likely to sustain some injury differing from that sustained by the general public. The record does not show that this proceeding is authorized or prosecuted by the district attorney or any officer on behalf of the state or municipality.
Section 8 of Ordinance No.…
2Cases cited10 opinions
- Stamper v. RaymondOregon Supreme Court · 1900
- Esson v. WattierOregon Supreme Court · 1893
- Van Buskirk v. BondOregon Supreme Court · 1908
- Blagen v. SmithOregon Supreme Court · 1899
- McGee v. BeckleyOregon Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- Johnson v. CITY OF ASTORIAOregon Supreme Court · 1961
- Adams v. City of ToledoOregon Supreme Court · 1939
- Wilson v. ParentOregon Supreme Court · 1961
- United States v. CohnOregon Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.