Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 5Oregon. 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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Page 29
... consideration , they assigned their interest in said ordinance and contract to the Salem Water 5 29 26 246 37 * 913 5 29 133 3 : 0 f46 5 29 228 Opinion of the Court -- Prim , J. Company , Dec. 1873. ] SALEM WATER Co. v . CITY OF SALEM . 29.
... consideration , they assigned their interest in said ordinance and contract to the Salem Water 5 29 26 246 37 * 913 5 29 133 3 : 0 f46 5 29 228 Opinion of the Court -- Prim , J. Company , Dec. 1873. ] SALEM WATER Co. v . CITY OF SALEM . 29.
Page 32
... consideration . The moment the contract was made it created a present obliga- tion on the part of the city to pay money to the company at future periods . Now , whether this obligation can be called a debt in the technical sense or not ...
... consideration . The moment the contract was made it created a present obliga- tion on the part of the city to pay money to the company at future periods . Now , whether this obligation can be called a debt in the technical sense or not ...
Page 36
... consideration no such provision was made ; therefore , we do not undertake to decide at present what would have been the effect upon the liability created by the ordinance in question if such provision had been made for meeting such ...
... consideration no such provision was made ; therefore , we do not undertake to decide at present what would have been the effect upon the liability created by the ordinance in question if such provision had been made for meeting such ...
Page 40
... CONSIDERATION MOVING TO HIMSELF IS VOID . - An agent of a railway corporation , charged with the duty of selecting the route or line of railway , cannot lawfully disregard the in- terest of his principal in making the selection ; and if ...
... CONSIDERATION MOVING TO HIMSELF IS VOID . - An agent of a railway corporation , charged with the duty of selecting the route or line of railway , cannot lawfully disregard the in- terest of his principal in making the selection ; and if ...
Page 41
... consideration that the plaintiff would cause the line of the said Oregon and California Railroad to be constructed to some point " within Harrisburg , and in consideration of one dollar , the defendant agreed " to pay the plaintiff the ...
... consideration that the plaintiff would cause the line of the said Oregon and California Railroad to be constructed to some point " within Harrisburg , and in consideration of one dollar , the defendant agreed " to pay the plaintiff the ...
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agreement alleged amended answer appellant's authority bill of exceptions cause of action Circuit Court cited city of Portland claim Code complaint Constitution contract conveyance corporation counsel for appellant County Court court of equity Court-Bonham Court-Burnett Court-McArthur Court-Prim Court-Shattuck debt deceased declared decree deed defendant demurrer Douglas County duly entitled equity error evidence execution filed grant Grant County hundred dollars indorsed instructions issue John John Bonser judge Judgment affirmed jurisdiction jury justice land Lane County Marion County ment mortgage motion Multnomah County objection October 24 Opinion Oregon overruled paid party patent payment person plaintiff pleadings Polk County possession premises proceeding purchase question reason record recover refused rendered respondent rule Statement of Facts statute sufficient suit sustained testimony thereof tion trial Umatilla County void W. W. Thayer warrant Wasco County Whitley Yamhill County
Popular passages
Page 345 - An act to secure homesteads to actual settlers on the public domain...
Page 392 - No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length.
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.
Page 376 - Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward, to procure his election.