Brown v. City of Silverton

Brown v. City of Silverton, 93 P. 237 (Or. 1908)

Court: Oregon Supreme Court · State Highest Courts
Decided: January 16, 1908
Judges: Slater
Citations: 93 P. 23750 Or. 4251908 Ore. LEXIS 196
Disposition: Modified.

Cited by 0

Headnotes

Costs and Disbursements. Under Section 566, B. & O. Oomp., the allowance of costs and disbursements in the appellate court is entirely discretionary, and they will be awarded as different circumstances may seem proper.

Summary

From Marion: William Galloway, Judge. Statement by Mr. Commissioner Slater. This action was brought to review the proceedings of the recorder’s court of the City of Silverton, wherein the petitioner was charged, tried and convicted of the violation of an ordinance prohibiting the obstruction of streets. The petition and the material facts are the same as in dustier v. dtiy of Silver-ton,, and a like judgment was entered by the circuit court, from which the defendant appeals. The case was submitted on briefs, under Bule 1C: 35 Or. 587, 600.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Slater

Text extracted by OCR from a scanned original; check the original for exact wording.

Opinion by Mr. Commissioner Slater.

The material facts being identical with the case of Cusiter v. City of Silverton, 50 Or. 419 ( 93 Pac. 234 ), that case is controlling. Therefore the judgment appealed from should be modified, and the cause remanded to the lower court, with instructions to remand to the trial 'court, with directions to set aside the judgment and take such further proceedings therein as may be proper, not inconsistent with this opinion. The petitioner should recover costs in this court. Modified.

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Cited by 0 cases

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Authorities cited 1

Depth	Case	Cited by
	Cusiter v. City of Silverton, 93 P. 234 (Or. 1908)	2

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