The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-05-24
Proceedings In the
Circuit Court.

In the circuit court yesterday morn.
ing Judge Mcbride rendered his de.
cision in the case of Irene c. Parker
ct. AL, plaintiffs, VS.. the city of Astoria
and G. w. Loughery chief of police
defendants The suit was one brought
by large number Of plaintiffs to res
train defendants from selling certain
property of plaintiffs for delinquent
assessments for the improvement of
Court street in the city of Astoria, and
to cancel the entries made in relation
to the said assessments in the docket
of city liens.
The decision is a voluminous one,
dealing seriatim with the many reasons
urged by plaintiffs in support of their
claim, and in conclusion states "Other
| objections were ably urged by council
for plaintiffs; in fact nearly every OBJ
lection that could possibly be suggested
in a case of this kind, has been made
by the able council in this case, and
while the case is not free from difficult
ties, 1 am of the opinion for the Iea-
sons herein stated, that the defendants
are entitled to a decree dismissing
PLAINTIFFS bill, and it is so ordered"
In the case of d. H. Welch, Mary
PHerren, G. Wingate, Nancy Welch and
the Hamblin Real Estate Co. VS. The
City of Astoria, a suit to restrain the
city from collecting taxes assessed
against the plaintiffs, the court held
that before this could be done an un-
conditional offer to pay o. reasonable
sum of taxes should be made. The
complaints alleges that plaintiffs had
rendered certain sums, but had de-
manded receipts in full of their taxes
as a condition of payment. The court
held that nothing short of an uncondi-
tional offer to pay a certain amount
was sufficient to give to plaintiffs a
standing in a court of equity. The
demurrer in the case was therefore
sustained and the injunctions dis
solved. The other cases disposed of
were as follows:
Nancy Welch VS.. City of Astoria
Same order.
R. L. Sabin VS.. Herman Wise-Dis-
missed on motion of plaintiff, defend
ant to pay costs.
VIM. Steinhart VS.. Herman Wise
Same order.
William Steinhart ct ais, VS.. Herman |
Wise-Same order.
c.. w. Shively VS.. City of Astoria
and C. w. Loughery-Demurer over
ruled and answer to be made June 9Th.
First National Bank VS.. Arndt &
Ferchen ct al.-Confirmation of sale
allowed.
Bessie Burnham VS.. c. e. Briggs and
Dennis Lucy VS.. Samuel Kellcher;
same order.
Leberman VS.. H. M. Spencer-De-
murrer overruled by consent and until
June 9Th for defendant to answer.
D. K. Warren VS.. q. H. De Force
ct als.-Application to be heard June
'th; plaintiff ordered to file bond in
he sum of $4,000; defendant to be al
owed to build, but not to operate.
P. Boelling, j. w. Babbidge, James
quinn and Rogers Trust Co. VS.. City
# Astoria-Decree dismissing PLAINTIFFS
ill
N. Clinton & Sons VS.. City of AS
oria-Order dismissing at plaintiffs
ost.
S. A. Gragg VS.. Clatsop County-De-
rec for plaintiff.
Pat O'Hara VS.. H. B. Parker-De- ;
rec for defendant; sixty days to file
ill of exceptions.
Mary r. Adair ct al. VS.. B. A. Owens
Adair ct al-Order made allowing dep ]
sitions to be taken.
B. Smith, assignee VS.. G. w. Fisher
Decree for plaintiff and order of sale ,
f attached property.
Astor Land G. Trust Co., Hamblin
teal Estate Co. NJ. ]. Kinney ct AL, ,
Iary H. Lienenweber, G H. Wingate
nd M. S. Warren ct al-Decree for
laintiff and order of sale of attached
roperty.
1t was ordered that the grand jury
e discharged, and the clerk was in |,
tructed to notify each one by mail.
Court then adjourned until June 5, G
2Q3 at 10 q m