Legal Opinion

Corbett v. City of Portland

Oregon Supreme Court

Decided April 12, 1897PublishedCited by 14 opinions

From Multnomah: Loyal B. Stearns, Judge. Suit by Henry W. Corbett and others to enjoin the City of Portland and its officers from collecting a certain tax. In the year 1895 the city levied a tax of 8 mills on the dollar on all its taxable property for general and fire and police expenses, and then levied an additional tax of 2 mills ostensibly to be used for paying interest charges.

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From Multnomah: Loyal B. Stearns, Judge. Suit by Henry W. Corbett and others to enjoin the City of Portland and its officers from collecting a certain tax. In the year 1895 the city levied a tax of 8 mills on the dollar on all its taxable property for general and fire and police expenses, and then levied an additional tax of 2 mills ostensibly to be used for paying interest charges. The plaintiff contends that this 2-mill levy is void because the city had exhausted its taxing power. Section 36 of the charter gives the council power to assess and collect taxes for general municipal purposes…

1Opinion of the Court

Opinion by

Mr. Justice Bean.

This is a suit by H. W. Corbett and others to restrain the collection of a special tax levied by the City of Portland for the payment of interest charges on its bonded and other indebtedness. It is alleged in the complaint that on June 30, 1895, the common council of the city, by ordinance No. 9103, levied a tax of 8 mills on the dollar for general municipal purposes, and, on the same day, by ordinance ’No. 9104, an additional tax of 2 mills for the payment of the annual interest charges on the bonded and other indebtedness of the city; that there is no warrant or…

2Cases cited3 opinions

  1. State ex rel. Aull v. ShortridgeSupreme Court of Missouri · 1874
  2. Vance v. City of Little RockSupreme Court of Arkansas · 1875
  3. Portland Savings Bank v. City of MontesanoWashington Supreme Court · 1896

3Cited by14 opinions

  1. Haugen v. GLEASONOregon Supreme Court · 1961
  2. Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
  3. Eugene Theatre Co. v. City of EugeneOregon Supreme Court · 1952
  4. Gordon v. Wheatridge Water DistrictSupreme Court of Colorado · 1941
  5. Lent v. PortlandOregon Supreme Court · 1903

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