Kadderly v. City of Portland

Decision Date08 February 1904
Citation44 Or. 118,75 P. 222
PartiesKADDERLY et al. v. CITY OF PORTLAND et al.
CourtOregon Supreme Court

On petition for rehearing. Denied.

For former opinion, see 74 P. 710.

BEAN, J.

The object of this suit was to enjoin the city of Portland from reassessing the property of the plaintiffs for a street improvement previously made in front thereof. The fact that the contractors for the original improvement and the owners of the warrants issued on account thereof were made parties to the suit does not authorize it to be now changed from its original purpose, and converted into a suit by taxpayers of the city to cancel illegal municipal warrants. The decree was in all things affirmed, and there is no reason why the ordinary rule as to costs should not obtain.

The petition is denied.

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53 cases
  • State v. Montez
    • United States
    • Oregon Supreme Court
    • 3 Abril 1990
    ...This court addressed that issue with regard to Oregon's initiative system in Kadderly v. Portland, 44 Or. 118, 144-45, 74 P. 710, 75 P. 222 (1903) (initiative and referendum does not abolish or destroy the republican form of government, or substitute another in its place). 11 See Kiernan v.......
  • Armatta v. Kitzhaber
    • United States
    • Oregon Supreme Court
    • 25 Junio 1998
    ...As long as it remains, its provisions must be observed." Kadderly v. Portland, 44 Or. 118, 135-36, 74 P. 710 (1903), on rehearing 44 Or. 118, 75 P. 222 (1904) (emphasis added). See also Boyd, 102 Or. at 359, 202 P. 431 ("The provisions of the Constitution for its own amendment are mandatory......
  • Keenan v. Price
    • United States
    • Idaho Supreme Court
    • 30 Junio 1948
    ... ... 441, 36 ... P. 221, 223; Julius v. Callahan, 1895, 63 Minn. 154, ... 65 N.W. 267; Kadderly v. City of Portland, 1903, 44 ... Or. 118, 74 P. 710, 716, 75 P. 222; Warfield v ... Vandiver, ... ...
  • Ellingham v. Dye
    • United States
    • Indiana Supreme Court
    • 5 Julio 1912
    ... ... State ex rel. v. Denny, 118 Ind. 382, 387, 21 N. E. 252, 4 L. R. A. 79;City of Evansville v. State ex rel., 118 Ind. 426, 21 N. E. 267, 4 L. R. A. 93;State ex rel. Holt v ... v. Timme, 54 Wis. 318, 11 N. W. 785;Opinion of Judges, 6 Cush. (Mass.) 573;Kadderly v. Portland, 44 Or. 118, 74 Pac. 710, 75 Pac. 222;McBee v. Brady, Governor, 15 Idaho, 761, 100 Pac ... ...
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