Legal Opinion

Commercial National Bank v. City of Portland

Oregon Supreme Court

Decided June 27, 1893PublishedCited by 36 opinions

Multnomah County: E. D. Shattuck, Judge. This is an action brought by the Commercial National Bank of Portland against the City of Portland for damages because of the non-payment of certain warrants issued by the defendant city upon a special fund to be raised by the levy and collection of assessments upon the real property affected by the improvement of Twelfth Street, in the City of Portland, from the south line of B Street to the north line of Montgomery Street.

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Multnomah County: E. D. Shattuck, Judge. This is an action brought by the Commercial National Bank of Portland against the City of Portland for damages because of the non-payment of certain warrants issued by the defendant city upon a special fund to be raised by the levy and collection of assessments upon the real property affected by the improvement of Twelfth Street, in the City of Portland, from the south line of B Street to the north line of Montgomery Street. The complaint sets out in full the ordinance of the defendant, providing for the time and manner of improving the street named,…

1Opinion of the CourtChief Justice Lord

The plaintiff claims that it was and is the duty of the defendant city to collect from the various owners of property abutting upon said Twelfth Street the several sums ascertained by the defendant to be the cost of making said improvement, and the charges specifically made against the various parcels of land affected by and liable for said improvement; that the defendant has wholly failed and neglected to perform this duty, and has not collected from the property holders the money with which to pay the warrants described, and is making no effort so to do; *193that by reason of the alleged…

2Cases cited7 opinions

  1. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  2. Reilly v. . City of AlbanyNew York Court of Appeals · 1889
  3. North Pacific Lumbering & Manufacturing Co. v. East PortlandOregon Supreme Court · 1886
  4. Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
  5. Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847

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3Cited by36 opinions

  1. Public Market Co. v. City of PortlandOregon Supreme Court · 1942
  2. Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
  3. German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
  4. Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
  5. Little v. City of PortlandOregon Supreme Court · 1894

31 more not listed; retrieve them via the Exa API.

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