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77 Or. 434

Lais v. Silverton

Oregon Supreme Court

Decided March 30, 1915

Oregon Supreme Court · decided 1915-03-30

From Marion: William Galloway, Judge. Statement by Mr. Justice Benson. A suit was brought in tbe Circuit Court for Marion County by J. G. Lais, J. M. Brown, E. J. Brown, M. Small, J. H. Brewer, A. F. Blackerby and Sopbia Blackerby, to enjoin the City of Silverton from letting contracts and assessing plaintiff’s property for certain street improvements.

Cited by 1 later decisions — most recently November 1917

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Injunction Granted · Decided 1915-03-30

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¶1*440Denied September 21, 1915.

¶2Petition tor Rehearing.

¶3(151 Pac. 712.)

¶4Department 1. Mr. Justice McBride delivered the opinion of the court.

¶55. The original petition for rehearing in this cause has not changed our opinion as to the law applicable to this case, and is overruled; but by a supplemental petition the opinion of this court is requested as to the right of an administrator to sign a remonstrance on behalf of the real estate of the property under administration. This question arises in the case, and should be passed upon. The language of the charter of Silverton is as follows:

“The owner or owners of two thirds of the land.next adjacent thereto may make and file with the council a written remonstrance against the proposed improvement, and thereupon the same shall not be proceeded with. ’ ’

¶6The administrator is not the owner of the property, and is only entitled to possession for the purposes of administration, the legal title passing directly to the heir. It follows, therefore, that the signature of the administrator upon a remonstrance is ineffective for any purpose. If.it happen that he is an heir to an interest in the property, his signature will be good as to his interest, but no further. With this explanation we adhere to our original opinion.

¶7Rehearing Denied.

Mr. Chief Justice Moore, Mr. Justice Benson and Mr. Justice Harris concur.
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