Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volum 82 |
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Side 19
... . 602 , 606 ( 152 Pac . 238 ) . 9. The trial court properly refused to strike out the evidence relating to the fraud charged by the defend- ants , and it would have been error if the Nov. 1916. ] EVERDING & FARRELL v . TOFT . 19.
... . 602 , 606 ( 152 Pac . 238 ) . 9. The trial court properly refused to strike out the evidence relating to the fraud charged by the defend- ants , and it would have been error if the Nov. 1916. ] EVERDING & FARRELL v . TOFT . 19.
Side 20
... error if the court had directed a verdict , because on the record made by all the parties it was the exclusive province of the jury to determine from all the evidence whether plaintiff took the note in good or bad faith : 8 Cyc . 289 ...
... error if the court had directed a verdict , because on the record made by all the parties it was the exclusive province of the jury to determine from all the evidence whether plaintiff took the note in good or bad faith : 8 Cyc . 289 ...
Side 27
... Error - Time in Which to Serve Notice of Appeal- Statute . 1. Under Section 550 , L. O. L. , as amended by Laws of 1913 , page 617 , Section 1 , requiring service of a notice of appeal within 60 days from the date of the judgment , and ...
... Error - Time in Which to Serve Notice of Appeal- Statute . 1. Under Section 550 , L. O. L. , as amended by Laws of 1913 , page 617 , Section 1 , requiring service of a notice of appeal within 60 days from the date of the judgment , and ...
Side 58
... Error - Record on Appeal - Time of Filing . 2. Although an abstract on appeal was not filed within the time allowed by law , the appeal would not be dismissed where the appel- lant showed no disposition to delay the hearing . Appeal and ...
... Error - Record on Appeal - Time of Filing . 2. Although an abstract on appeal was not filed within the time allowed by law , the appeal would not be dismissed where the appel- lant showed no disposition to delay the hearing . Appeal and ...
Side 66
... error was committed in allowing any part of it as an offset . 8 , 9. The testimony shows that the plaintiff made some improvements upon the land , the chief of which was an addition to the house ; but , as this building was burned , the ...
... error was committed in allowing any part of it as an offset . 8 , 9. The testimony shows that the plaintiff made some improvements upon the land , the chief of which was an addition to the house ; but , as this building was burned , the ...
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action admissible adverse possession affirmed agreement alleged Andrew McAlister answer appeal Attorney authority averments Bankruptcy barn brief C. A. Smith cause charge CHIEF JUSTICE MOORE cited claim commission committed complaint constitute contract counsel creditors crime deceased declarations decree defendant defendant's delivered the opinion demurrer Edna Morgan electric error estoppel evidence fact Farnam fendant filed fire held high school district homicide improvement indictment instruction judgment Juntura jury JUSTICE BEAN JUSTICE MCBRIDE killing Kribs land lease legal voters liable lien Lumber manslaughter ment Multnomah County murder negligence notice oral argument Oregon owner parties partnership payment person petition plaintiff Portland premises promissory note Public Utility Act purchase question real property reason Roseburg rule Section Silverton Smith Sorenson statement statute Stayton Stayton State Bank suit testimony thereof Timber Company tion Toft trial verdict Wasco County wife William Booth witness
Populære avsnitt
Side 641 - ... every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile on each side of said railroad line, as said company may adopt, through the Territories of the United States...
Side 210 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 781 - ... all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes, subject to existing rights.
Side 640 - States, that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents...
Side 120 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use, but so long as he maintains the use, he must...
Side 777 - The construction of all statutes shall be by the following additional rules, . . . fourth, the time within which an act is to be done shall be computed by excluding the first day and including the last, if the last day be Sunday it shall be excluded ; . . . Montana Revised Code (1935) § 10707.
Side 589 - 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 552 - The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly...
Side 366 - ... transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Side 615 - No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name.