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 |
From inside the book
Results 1-5 of 78
Page 38
... jurisdiction in the court over the person of the defendant . And so in the case here . Respondent was not entitled to have a judgment entered against appellant by default , for want of answer , because it does not appear from the record ...
... jurisdiction in the court over the person of the defendant . And so in the case here . Respondent was not entitled to have a judgment entered against appellant by default , for want of answer , because it does not appear from the record ...
Page 39
... jurisdiction of the person of appellant , the judgment was an absolute nullity , on account of the want of such jurisdiction , and therefore no appeal would lie from such judgment . While it appears to be generally conceded that a void ...
... jurisdiction of the person of appellant , the judgment was an absolute nullity , on account of the want of such jurisdiction , and therefore no appeal would lie from such judgment . While it appears to be generally conceded that a void ...
Page 63
... jurisdiction to order publication of summons ; that no such summons as was by law required was ever made in said suit and served on the defendant , by publication or otherwise ; that the said pretended decree was obtained without notice ...
... jurisdiction to order publication of summons ; that no such summons as was by law required was ever made in said suit and served on the defendant , by publication or otherwise ; that the said pretended decree was obtained without notice ...
Page 64
... jurisdiction of the person of de- fendant . The reply puts in issue all the allegations constituting the further answer or defense , and avers that by the original de- cree the bonds of matrimony which had existed between Julia A. and ...
... jurisdiction of the person of de- fendant . The reply puts in issue all the allegations constituting the further answer or defense , and avers that by the original de- cree the bonds of matrimony which had existed between Julia A. and ...
Page 87
... jurisdiction . APPEAL from Polk County . This cause was tried in the Circuit Court of the State of Oregon for the County of Polk , at the November term , 1873 . On August 24 , 1872 , judgment was given in Justice's Court for Luckiamute ...
... jurisdiction . APPEAL from Polk County . This cause was tried in the Circuit Court of the State of Oregon for the County of Polk , at the November term , 1873 . On August 24 , 1872 , judgment was given in Justice's Court for Luckiamute ...
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Common terms and phrases
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.