Davis v. Silverton
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Wolverton. This is a suit for an injunction by Susan M. Davis against the City of Silverton and its Chief of Police.
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Wolverton. This is a suit for an injunction by Susan M. Davis against the City of Silverton and its Chief of Police. The amended complaint sets out that the City of Silverton is a municipality; that C. N. Matlock is its chief of police; that plaintiff is the owner of lots 3 and 12 in said city; that said lots abut on First Street; that plaintiff had formerly constructed along the line of her lots on First Street a stone wall, of the reasonable value of $200; that on August 3,1903, the common council of the city passed…
1Opinion of the CourtChief Justice WolvertoN
Counsel for appellants insist that the demurrer was well taken, on the ground that the complaint does not state facts sufficient to constitute a cause of suit; but, waiving this, we will determine the controversy upon its merits. There is some discrepancy in the testimony as to whether plaintiff’s retaining wall, which was constructed of stone, about 18 inches thick and 4 feet high, stood out in the *175street or not. The plaintiff contends that it was on the line to which she and her predecessors had maintained exclusive possession, as her counsel say in their brief, for more than 25 years. The…
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