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 22
... person ; denied that respondent indorsed said note subsequent to appellant ; denied indebtedness generally ; and , for a further answer , alleged that , on the 28th day of May , 1872 , appellant and respondent , for the accommodation ...
... person ; denied that respondent indorsed said note subsequent to appellant ; denied indebtedness generally ; and , for a further answer , alleged that , on the 28th day of May , 1872 , appellant and respondent , for the accommodation ...
Page 37
... person of the family above the age of fourteen years , at the dwelling - house of the defendant . " This cer- tificate was signed by the sheriff in the usual manner of signing such papers . An appeal having been taken from this judgment ...
... person of the family above the age of fourteen years , at the dwelling - house of the defendant . " This cer- tificate was signed by the sheriff in the usual manner of signing such papers . An appeal having been taken from this judgment ...
Page 38
... 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 that he had been duly served with ...
... 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 that he had been duly served with ...
Page 39
... 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 judgment may be ...
... 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 judgment may be ...
Page 44
... person with whom and in whose name a contract is made for the benefit of another , is a trustee of an express trust within the meaning of this section . " The court held that the note was an express contract to pay the plaintiff for the ...
... person with whom and in whose name a contract is made for the benefit of another , is a trustee of an express trust within the meaning of this section . " The court held that the note was an express contract to pay the plaintiff for the ...
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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.