Montague-O'Reilly v. Town of Milwaukie
Oregon Supreme Court
From Clackamas: James TJ. Campbell, Judge. Department 1. This is an action to recover damages from the defendant municipality for its failure to provide a fund to meet the contract price of some paving laid within its corporate limits by the plaintiff. By consent of the parties and of the court the action was tried without a jury. The court made findings of fact and conclusions of law, and rendered a judgment in favor of the plaintiff for the amount claimed.
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From Clackamas: James TJ. Campbell, Judge. Department 1. This is an action to recover damages from the defendant municipality for its failure to provide a fund to meet the contract price of some paving laid within its corporate limits by the plaintiff. By consent of the parties and of the court the action was tried without a jury. The court made findings of fact and conclusions of law, and rendered a judgment in favor of the plaintiff for the amount claimed. Some errors are assigned in a bill of exceptions, based upon the refusal of the court to strike out some of the findings of fact and to…
1Opinion of the CourtBurnett, J.
1. In this condition of the record the question before us is whether or not the conclusions of law and the judgment are proper deductions from the facts found by the court. In such circumstances a bill of exceptions is not necessary, for it is said in Section 172, Or. L., that:
“No exception need be taken or allowed to any decision upon a matter of law, when the same is entered in the journal, or made wholly upon matters in writing and on file in the court.”
Milwaukie is a municipal corporation. By its charter its council “has full power and authority to determine and provide for everything…
2Cases cited18 opinions
- Mazet v. City of PittsburghSupreme Court of Pennsylvania · 1890
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Anderson v. FullerSupreme Court of Florida · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Flynn Construction Co. v. LeiningerSupreme Court of Oklahoma · 1927
- Hooton v. Jarman Chevrolet Co.Oregon Supreme Court · 1931
- Newport Construction Co. v. PorterOregon Supreme Court · 1926
- Pyle v. KernanOregon Supreme Court · 1934
- J. H. Tillman Co. v. City of SeasideOregon Supreme Court · 1933
4 more not listed; retrieve them via the Exa API.