Reports of Cases Decided in the Supreme Court of the State of Oregon, Volum 25
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, Robert Graves Morrow, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron
West Publishing Company, 1894
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Affirmed agent alleged amount Appeal from Multnomah Argument of counsel assessment authority Bean bonds breach cents chattel mortgages City of Portland claim complaint constitute contract corporation council court of equity court—Lord covenant creditors damages debt decree deed defendant defendant's duty eighteen hundred entitled evidence execution fact filed fraud furnished Hill's Code hundred and ninety-two indictment indorsed injury insolvent instruction intent judgment jurisdiction jury Justice Lord land lease lien Linn County locus in quo lots lumber ment Messrs mill mortgagor Multnomah County navigable negligence notice nuisance Opinion Oregon paid parties payment person plaintiff pleadings possession promise promissory note purchase purpose question railroad reasonable record respondent resulting trust riparian owners river road rule Southern Pacific Co Statement statute street suit sustained testified testimony thereof tide lands tion track trial court Walla Walla River wharf Willamette River
Side 181 - Every act shall embrace but one subject, and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Side 466 - It may however be stated generally that due process of law requires an orderly proceeding adapted to the nature of the case in which the citizen has an opportunity to be heard, and to defend, enforce, and protect his rights. A hearing or an opportunity to be heard, is absolutely essential. We cannot conceive of due process of law...
Side 320 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 188 - Without, therefore, considering the merits of this cause, the judgment must be reversed, and the cause remanded for such further proceedings as may be consistent with this opinion. It is so ordered.
Side 403 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Side 276 - 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.
Side 92 - ... between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say.
Side 92 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Side 357 - ... 1. Where there are certain definite and ascertained particulars in the description, the addition of others, which are indefinite, unknown or false, does not frustrate the conveyance, but it is to be construed by the first mentioned particulars : 2. When permanent and visible, or ascertained boundaries or monuments, are inconsistent with the measurement, either of lines, angles or surfaces, the boundaries or monuments are paramount : 3.
Side 321 - the coachman must have competent skill, and use that skill with diligence ; he must be well acquainted with the road he undertakes to drive ; he must be provided with steady horses, a coach and harness of sufficient strength, and properly made ; and also with lights by night. If there be the least failure in any one of these things, the duty of the coach proprietors is not fulfilled, and they are answerable for any injury or damage that happens.