Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 70
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron
West Publishing Company, 1915
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acres action adverse possession AFFIRMED agent agreed alleged allowed amount answer appeal Argued argument attorney authority bill brief cause charge cited City claim Company complaint condition consideration Constitution contract conveyed corporation County court damages decree deed defendant delivered denied determine duty effect entered entitled error evidence exceptions executed facts filed give given granted held hold injury instructions interest issue John Judge judgment jury JUSTICE land lots March material matter ment mortgage motion necessary negligence notice offered operation opinion oral Oregon owner paid parties payment person plaintiff Portland possession premises providing purchase question reason received record referred refused relation rendered respect reversed rule says secure statement statute street sufficient suit testified testimony thereof tion tract trial trust verdict wife witness
Page 595 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 434 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 20 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 596 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing;, except in the following cases: "1.
Page 489 - ... the person making such entry, or, if he be dead, his widow, or, in case of her death, his heirs or devisee, or, in case of a widow making such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...
Page 443 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 354 - A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Page 434 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt as of the date he was adjudged a bankrupt...
Page 200 - ... unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits. Whenever it...