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NYMAN v. CITY OF EUGENE

No. 76-4147; CA 7443; SC 25808.

593 P.2d 515 (1979)

286 Or. 47

Ruth E. NYMAN, Respondent, v. CITY OF EUGENE, a Municipal Corporation, Petitioner.

Supreme Court of Oregon.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Stanton F. Long and John B. Arnold, Eugene, argued the cause for petitioner. With them on the briefs were Johnson, Harrang & Mercer, Eugene.

Terence J. Hammons, of Hammons, Phillips & Jensen, Eugene, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL and LINDE, JJ.

HOWELL, Justice.

The primary issue here is the effect to be given to a recitation in a county court record that certain property owners agreed to the widening of a county road. The Court of Appeals, sitting in banc, held that the recitation was insufficient to confer jurisdiction on the county court "without an affirmative showing in the record that all of such owners signed the agreement." 32 Or.App. 307, 315,

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