Lais v. City of Silverton

• Decision Date: 30 March 1915
• Citation: 147 P. 398,77 Or. 434
• Parties: LAIS ET AL. v. CITY OF SILVERTON.
• Court: Oregon Supreme Court

147 P. 398

77 Or. 434

LAIS ET AL. v. CITY OF SILVERTON.

Supreme Court of Oregon

March 30, 1915

Appeal from Circuit Court, Marion County; Wm. Galloway, Judge.

Suit by J. G. Lais and others against the City of Silverton. From a decree dismissing the suit, plaintiffs appeal. On motion for a temporary injunction, and on petition to admit a certain ordinance in evidence. Motion granted, and petition denied.

A suit was brought, in the circuit court for Marion county, to enjoin the city of Silverton from letting contracts and assessing plaintiffs' property for certain street improvements. From a decree dissolving a temporary injunction and dismissing the suit, plaintiffs have appealed, and the case is presented to us now upon the motion of appellants for an order of this court enjoining defendant from levying upon, attempting to sell, or selling any of the property of plaintiffs, in carrying out such street improvement, pending the final disposition of this suit. There is also submitted a petition of plaintiffs asking this court to admit in evidence upon the hearing here a copy of an assessment ordinance enacted by defendant since the appeal was taken herein, or to remand the case to the lower court, with directions to admit the same and consider it.

Robert H. Down, of Portland, and W. C. Winslow, of Salem, for appellants. C. E. Ross, of Silverton, and John H. McNary, of Salem, for respondent.

BENSON, J. (after stating the facts as above).

Upon the authority of Livesley v. Krebs Hop Co., 57 Or. 354, 97 P. 718, 107 P. 460, 112 P. 1, we think the motion for an injunction until the further order of this court should be granted. We are not advised of any authority which would justify us in making an order admitting in evidence an ordinance enacted since the appeal was perfected, and the petition therefor must be denied.