Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 83
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron
West Publishing Company, 1917 - Law reports, digests, etc
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acres action affirmed agreed agreement alleged amount answer appeal applied assigned authority bank bond bridge brief building cause charge cited claim Company complaint condition consideration considered construction contract corporation County court debt decree deed defendant delivered denied direct effect election entered entitled escrow evidence execution fact filed follows fraud further given granted Healy held insurance company interest issued John Judge judgment JUSTICE land lien lots material matter ment mortgage notice officers opinion oral Oregon owner paid party payment performance person plaintiff pleading Portland premises present proceeding purchase question reason received record referred REHEARING reversed rule says statement statute sufficient suit testimony thereof tion tract trial Trust void votes
Page 732 - A conviction cannot be had upon the testimony of an accomplice, unless he...
Page 671 - 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 42 - that the doctrine of ultra vires, when invoked for or against a corporation, should not .be allowed to prevail when it would defeat the ends of justice, or work a legal wrong," is misleading; and, if literally construed, would result in an enormous practical extension of the powers of corporations.
Page 71 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing...
Page 427 - When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; 4.
Page 261 - ... work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said contract and bond, upon which he or they shall have a right of action...
Page 43 - A contract ultra vires being unlawful and void, not because it is in itself immoral, but because the corporation, by the law of its creation, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as...
Page 653 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 685 - I think that the court in said instruction properly instructed the jury as follows: "If you find from the evidence that prior to the accident the defendant Clifford F.
Page 708 - When jurisdiction is, by the constitution or this code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given ; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.