Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 83Oregon. 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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Results 1-5 of 100
Page 20
... answer of the defendant does not plead an estoppel , but the facts as we have outlined them above are set forth in the answer , and we think we should give them their legal effect after trial and on appeal . This we understand to be the ...
... answer of the defendant does not plead an estoppel , but the facts as we have outlined them above are set forth in the answer , and we think we should give them their legal effect after trial and on appeal . This we understand to be the ...
Page 21
... answer was then interposed raising substantially the same questions . A reply having been filed , a trial was had , resulting in a judgment in favor of the plaintiff , from which the defendant appeals . REVERSED . REHEARING DENIED . For ...
... answer was then interposed raising substantially the same questions . A reply having been filed , a trial was had , resulting in a judgment in favor of the plaintiff , from which the defendant appeals . REVERSED . REHEARING DENIED . For ...
Page 26
... Answer . 1. Under a city charter , empowering the council to provide for the paving of streets to be assessed to the adjoining property , and to be undertaken after published notice , and that until five days after expiration of such ...
... Answer . 1. Under a city charter , empowering the council to provide for the paving of streets to be assessed to the adjoining property , and to be undertaken after published notice , and that until five days after expiration of such ...
Page 27
... answer in an owner's suit to quiet title to property against which the city had attempted to establish a lien was ... answered by reciting the several steps taken by the council for paving McClaine Street in the city and making the cost ...
... answer in an owner's suit to quiet title to property against which the city had attempted to establish a lien was ... answered by reciting the several steps taken by the council for paving McClaine Street in the city and making the cost ...
Page 28
... opinion of the court . 1. We shall first consider plaintiff's contention that the answer is fatally defective by reason of the failure to allege therein that no sufficient remonstrance had been filed 28 [ 83 Or . MCCLAINE v . SILVERTON .
... opinion of the court . 1. We shall first consider plaintiff's contention that the answer is fatally defective by reason of the failure to allege therein that no sufficient remonstrance had been filed 28 [ 83 Or . MCCLAINE v . SILVERTON .
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acres action affirmed agreement alleged amount appeal attorney averment bank bond brief CHIEF JUSTICE MCBRIDE Circuit Court cited claim Columbia County complaint contract conveyance Coos County corporation County Court creditors Dan Savage debt decree deed defendant delivered the opinion demurrer election entitled equity escrow evidence execution fact February 13 fendant filed fraud granted grantor Healy Hecker insurance company interest issued judgment July 27 jurisdiction jury JUSTICE BEAN JUSTICE BENSON JUSTICE BURNETT JUSTICE MOORE land Laurelhurst liability lien lots mechanic's lien ment mortgage Multnomah Multnomah County oral argument Oregon owner paid party payment person plaintiff pleading Portland premises purchase price purpose question real property realty REHEARING DENIED Reibin reversed Section Sengstacken Spanton statement statute statute of frauds stockholders suit taxes testimony thereof tion tract Troutdale Trust ultra vires unpaid void votes Wasco County
Popular passages
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.