Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 15Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron West Publishing Company, 1888 - Law reports, digests, etc |
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action affirmed agreement alleged answer appellant appellant's Applegate assignment attorney authority Ben Holladay bill of exceptions cause charge chattel Circuit Court claim complaint consideration contract conveyance corporation counsel county of Douglas Court-Lord Court-Strahan Court-Thayer creditors Cyrus Olney damages debt decree deed defendant Douglas County effect entitled equity error evidence execution facts filed fraudulent garnishee grant grantor held Hill's Code horse hundred dollars instruction Jesse Applegate judgment jury land lease liable lien lumber matter ment mortgage motion Multnomah County notice objection Opinion Oregon owner paid parties payment peremptory challenges person plaintiff pleading possession premises proceedings profit a prendre proof purchaser purpose question real property reason received recover refused res adjudicata respondent Seeley shares of stock statute stockholders suit testimony Thayer therein thereof tion transfer trial Umatilla County verdict vote wheat Willamette Valley witness
Popular passages
Page 454 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 504 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 10 - The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Page 347 - I submit for the information of the committee the entire transcript of the proceedings in the Circuit Court of the State of Oregon for the County of Multnomah of February 11, 1964.
Page 275 - That all persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the crime or aid and abet in its commission, though not present, are principals, and to be tried and punished as such.
Page 491 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 524 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 176 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 266 - In other words, the court decided that these sworn statements of the prisoner were freely and voluntarily made within the true meaning of that rule of law, and admitted them. The bill of exceptions does not purport to set out all the evidence submitted to the court on that issue. In such case it is not perceived how this court can review the decision of the trial court on that question. State v. Tom, 8 Or. 177. But we are not disposed to rest the decision of this cause on that question alone.
Page 573 - Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.