Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volumen34 |
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Términos y frases comunes
action affidavit AFFIRMED agent alleged appeal applied appointed attachment authority ballot bank bond brief cause circuit court Clackamas County claim complaint constitute construction contract conveyed corporation counsel court of equity creditor debt decree deed defendant defendant's delivered the opinion delivery dismiss duty elected entitled equity evidence ex rel executed fact filed Grant Holt grantee grantor Hill's Ann indorsement injury intention issue Judge judgment jurisdiction jury land liable lien Linn County lumber Marion County matter mechanic's lien ment mortgage motion Multnomah County municipal negligence North Powder River notice oral argument Oregon owner paid parties payment person pilot plaintiff possession premises prior proceeding purchase purpose question railroad rate of interest real property reason rule statute stipulation sufficient suit testimony thereof tide land tion traction engine writ
Pasajes populares
Página 351 - Undoubtedly compensation must be made or secured to the owner when that which is done is to be regarded as a taking of private property for public use...
Página 497 - Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.
Página 296 - 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 proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 3 - 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.
Página 424 - With the approval of the Superintendent of Public Instruction and the State Board of Education, the governing board of any district authorized to establish and maintain a junior college may...
Página 296 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable 1 48 Am. St. Rep. 146. evidence, in the absence of explanation, by the defendant, that the accident arose from a want of care.
Página 175 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Página 565 - The exercise of the mere discretion of the court ought to tend in a reasonable degree, at least, to bring about a judgment on the very merits of the case ; and when the circumstances are such as to lead the court to hesitate upon the motion to open the default, it is better, as a general rule, that the doubt should be resolved in favor of the application.
Página 107 - To give a third party who may derive a benefit from the performance of the promise. an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise or an equivalent from him personally.
Página 108 - The doctrine of equitable conversion rests on the presumed intention of the owner of the property and on the maxim that equity regards as done what ought to be done.