Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volum 88 |
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acres affirmed alleged amount answer appeal application April assigned attorney authority averments bank base lands benefit brief charge chattel mortgage Circuit Court cited claim Company complaint contract corporation counsel County court of equity Crook County damages deceased decree deed defendant defendant's demurrer Deschutes County District employee entitled equity error estoppel evidence executed fact fendant filed fraud held Hot Lake Hyde injury interest issue Judge judgment jurisdiction jury Justice lease liability lien Linn County Lumber March 19 MCBRIDE MCCAMANT ment Multnomah Multnomah County negligence notice oral argu oral argument Ordinance Oregon owner paid parties payment person plaintiff pleading Portland promissory note Pulfer purchase question real property reason recover REHEARING DENIED reversed rule Section secure selected lands statute suit surety Sweek testified testimony thereof tiff tion tract train trust United verdict witness Yamhill County
Populære avsnitt
Side 304 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Side 611 - Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
Side 307 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Side 579 - An action does not abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Side 139 - A pardon is a deed, to the validity of which delivery is essential ; and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered ; and if it be rejected, we have discovered no power in a court to force it on him.
Side 305 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Side 304 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 6 - That in cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the limits of a public forest reservation, the settler or owner thereof may, if he desires to do so, relinquish the tract to the Government, and may select in lieu thereof a tract of vacant land open to settlement not exceeding in area the tract covered b his claim or patent...
Side 135 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless when he is in custody under or by color of the authority of the United States...
Side 448 - The initiative and referendum powers reserved to the people by this Constitution are hereby further reserved to the legal voters of every municipality and district, as to all local, special and municipal legislation, of every character, in or for their respective municipalities and districts.