Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 5
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, William Henry Holmes, Julius Augustus Stratton, George Henry Burnett, Reuben S. Strahan, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron
West Publishing Company, 1876 - Law reports, digests, etc
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action admitted affirmed agreement alleged allowed amended amount answer appellant application authority bill cause character charged Circuit Court cited claim Code complaint consideration Constitution construction contained contract corporation counsel County Court damages decree deed defendant demurrer denied dollars effect entered entitled equity error evidence execution express facts filed follows further give given grant ground held hundred instructions intention interest issue John judge judgment jurisdiction jury justice land matter ment mortgage motion necessary notice objection October 24 offered Opinion Oregon paid party passed patent payment performed person plaintiff pleadings possession premises presented proceeding proof proper purchase question reason received record recover referred refused relation rendered respondent road rule Statement statute sufficient suit sustained taken testimony thereof tion trial true void
Page 345 - An act to secure homesteads to actual settlers on the public domain...
Page 245 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 443 - CD will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court...
Page 44 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 340 - If any of the statements or declarations made in the application for this policy, upon the faith of which this policy is issued, shall be found in any respect untrue, then and in every such case, this policy shall be null and void.
Page 348 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 27 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 115 - Time is not generally deemed in equity to be of the essence of the contract, unless the parties have expressly so treated it, or it necessarily follows from the nature and circumstances of the contract.