Oliver v. Synhorst
Oregon Supreme Court
From Union: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit by Anna Oliver to restrain Fred Synhorst as street commissioner of the City of La Grande, from removing plaintiff’s fence, and destroying certain shrubs and trees upon lands inclosed by plaintiff, under the claim that such premises are situated upon a public street in the City of La Grande.
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From Union: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit by Anna Oliver to restrain Fred Synhorst as street commissioner of the City of La Grande, from removing plaintiff’s fence, and destroying certain shrubs and trees upon lands inclosed by plaintiff, under the claim that such premises are situated upon a public street in the City of La Grande. The contentions of the parties are fully set forth in Oliver v. Synhorst, 48 Or. 292 (86 Pac. 376: 7 L. R. A. [N. S.] 243), and will not be re-stated here. Statement by Mr. Justice Burnett. The pleadings and the law of this…
1Opinion of the CourtJustice McBride
1. This case was before this court upon a previous appeal (Oliver v. Synhorst, 48 Or. 292: 86 Pac. 376: 7 L. R. A. [N. S.] 243), and the law applicable to the contention of the parties, having there been declared, has become the law of this case, and it only remains to apply the principles therein enunciated to the facts proved on the trial. Upon the former trial Mr. Chief Justice Bean used the following language: “But, while the rule may be that the ordinary statute of'limitations as such cannot be set up to defeat the right of the public to the use of a street or highway, there may grow up,…
2Cases cited2 opinions
- Oliver v. SynhorstOregon Supreme Court · 1906
- Oliver v. SynhorstOregon Supreme Court · 1910
3Cited by13 opinions
- Simmons v. Washington Fidelity National InsuranceOregon Supreme Court · 1932
- McCoy v. ThompsonOregon Supreme Court · 1917
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
- Portland v. Inman-Poulsen Lum. Co.Oregon Supreme Court · 1913
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