Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 28 |
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Common terms and phrases
action adverse possession AFFIRMED agent alleged amended amount assessment assignment attorney attorney-general authority bill bond brief by Messrs cents certificate circuit court Clackamas County claim Company complaint constitution contract contractor corporation cost bill county court court of equity creditors decree deed defendant defendant's discretion dismissed Douglas County duty eighteen hundred elected evidence execution fact fees fendant filed fund garnishee Hibernian Hill's Code Holmes hundred and ninety-four hundred and ninety-three indictment injunction interpleader issue Judge judgment jurisdiction juror jury JUSTICE legislature lien Marion County ment Miller Minott mortgage motion Multnomah County notice of appeal opinion oral argument Oregon Oregon Pacific Railroad owner paid payment person plaintiff pleadings possession proceeding provides purpose question real property record rendered road rule statute sufficient suit testimony therein thereof thousand dollars tion witness writ Yamhill County
Popular passages
Page 546 - 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.
Page 321 - ... the plaintiff must recover, if, at all, upon the strength of his own title, and not upon the weakness of that of the defendant.
Page 288 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 289 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this Policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist...
Page 183 - A charity, in the legal sense, may b« more fully defined as a gift to be applied consistently with existing laws for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Page 327 - The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the...
Page 332 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Page 288 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership ; or if the subject of insurance be a building on ground not owned by the insured in fee simple ; or if the subject of insurance be personal property and be or become encumbered by a chattel mortgage...
Page 568 - 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.
Page 280 - The law creating the right being in derogation of the common law, is to be strictly construed in favor of the public corporation, not in favor of the claimant for damages.