Daily capital journal. (Salem, Oregon) 1903-1919, 1917-09-19
SUPREME COURT HANDS
ten DECISIONS
Ruling On Medford Paving
Assessments Is Most
Important One

Ten opinions were handed down by
the Oregon supreme court today, and
several petitions for rehearing of eases
denied. The case of Colby against the
city of Medford is perhaps the most
interesting to Salem people as it is an
action to get out of paying assessments
for street and work during a
period of years beginning with 1909.
The opinion rendered today developed
out of the adoption by the city of what
is known as the Hanson plan of repay
ing bonded Indebtedness. The details of
the action are mostly technical and in
teresting only to lawyers, but the court
decreed that the assessments made to
pay for the cost of the improvements
were unassailGble and that the assess
ments were a valid charge against the
property. However, the court stated
that it was error to old the Hanson
plan a valid amendment to the city
charter. This part of to decree of the
lower court was accordingly reversed,
while the other portion was affirmed.
The opinion was by Justice Harris, with
Judges Mcbride, Benson, and Burnett
concurring.
Other opinions are as follows:
j. G. Jones, appellant, against G. w.
Skiles, appealed from Marion; an APP
peal from an g. der sustaining a demur-
rer to a cross bill in equity; opinion by
Justice Benson; circuit Judge Galloway
reversed.
Seattle Dock company against Pa
eific Surety company, appellants, ap-
pealed from Multnomah county; action
upon an undertaking; opinion by Chief
Justice Mcbride; Circuit Judge Davis
affirmed.
e. J. Dempsey, against Henry Zorn,
appellant; appealed from Columbia
county; suit to foreclose a mortgage; op-
inion by CHIEF Justice Mcbride; Circuit
Judge McGinn affirmed.
City of Clatskanie, appellant; against
J.. w. Mcdonald, appealed from Column
bia; suit to determine adverse claim
to certain property; opinion by Justice
McCamant; Circuit Judge Eakin affirm
cd.
Portland and Oregon City Railway
company against w. A. Sanders, ct al;
appellants; appealed from Multnomah
county; action to condemn a right of
way for RAILROAD; opinion by Judge
Moore; Circuit Judge Davis affirmed.
Henry d. Davis Lumber company, as
p%ellants against A. F. Coats Lumber
company; appealed from Tillamook
county; an action involving a sale of
lumber; opinion by Judge Burnett; Cir
cult JudgS Bagley affirmed.
Josephine l.. ~Chrudinsky against
Mary E. Lent, appellant; appealed from
Multnomah county; an action to re-
cover damages for alleged fraud; OPP
ionion by Justice Burnett; Circuit
Judge McGinn reversed.
Robert Balfour, ct all appellants,
against Richard B. Knight; appealed
from Multnomah county; involving
guarantee for indebtedness; opinion by
Justice Benson; Circuit Judge Ganten-
bein affirmed.
Petition for Rearing denied in BEN
son against Johnson; Weyerhauser
against Board of Equalization; Smith
against Campbell; Nelson against I'm
tied Railway; First National Bank of
Albany against Clock Produce company
and State against Wilbur.
Mary F. W. V. Matlock against j.
D. Matlock, appellant appealed from
Multnomah county; a suit for separ-
ate maintenance; opinion by Justice
Burnett, Circuit Judge Catens reversed.
Justices Mcbride, Benson and Mccain
ant concur,