Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 96 |
Contents
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Common terms and phrases
affidavits affirmed agreed alleged amended amount appeal apply appropriation arbitrators authority bonds brief capital stock cause of action charge Circuit Court City claim Clatsop County Columbia River commission complaint Constitution contract Coos County corporation County damages death deceased declared decree deed defendant defendant's demurrer easement Elihu entitled entry equity evidence execution fact fee simple felonious fence fendant filed fish and game Frank Ingram furnish held instruction issued John John Halsey Judge judgment jurisdiction jury Justice Land Office Lane County legislative legislature license manslaughter ment mortgage Multnomah Multnomah County opinion oral argument Oregon owner paid party payment person plaintiff pleadings Portland proceedings purchase purpose question reason REHEARING DENIED Rilea Roseburg rule scow fish-wheel Section sewer statute suit testimony thereof tiff tion tract trial court verdict Walter H Wasco County Whetstone
Popular passages
Page 338 - When the death of one is caused by the wrongful act or omission of another the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission.
Page 82 - At the close of all the evidence defendant moved the court to direct the jury to return a verdict in his favor.
Page 372 - It follows that the judgment of the lower court must be reversed and the cause remanded for such further proceedings as may be deemed necessary, not inconsistent herewith. It is. so ordered.
Page 451 - FRAUDS,(3) as a justice is legally competent to consider, it is proper to notice, that by this statute,(r) no estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power, over or concerning lands, or in any manner relating thereto, can be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing...
Page 55 - All laws of a general nature shall have a uniform operation ; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Page 397 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Page 714 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Page 22 - If the remedy at law is sufficient, equity cannot give relief, "but it is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 601 - In all actions under this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that the order of the commission complained of is unlawful, or unreasonable, as the case may be.
Page 655 - The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners, and that any person interested in the organization of said district, or in the proceedings for the issue or sale of said bonds, may, on or before the day fixed for the hearing of said petition, demur to or answer said petition.