Reports of Cases Decided in the Supreme Court of the State of Oregon, Հատոր 28
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, Robert Graves Morrow, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron
West Publishing Company, 1896
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action adverse possession AFFIRMED agent alleged allowed amended amount answer appeal application assessment assignment attorney authority bank bill bond brief cause City claim Company complaint consideration constitution contract corporation costs county court court creditors decided decree deed defendant determine direct district dollars duty effect eighteen hundred elected entered equity error established evidence execution fact fees filed follows fund given held Hibernian Hill's Code injunction institution intended interest issue Judge judgment jurisdiction jury JUSTICE land lien material matter ment mortgage motion necessary notice objection officer opinion Oregon owner paid party payment performed person plaintiff pleadings possession present proceeding proof provides question reason received record relation rendered road rule says served statute sufficient suit term testimony thereof thousand tion trial unless witness writ
Էջ 546 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Էջ 288 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Էջ 289 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this Policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist...
Էջ 183 - A charity, in the legal sense, may b« more fully defined as a gift to be applied consistently with existing laws for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Էջ 327 - The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the...
Էջ 332 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Էջ 288 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership ; or if the subject of insurance be a building on ground not owned by the insured in fee simple ; or if the subject of insurance be personal property and be or become encumbered by a chattel mortgage...
Էջ 568 - To give a third party who may derive a benefit from the performance of the promise. an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise or an equivalent from him personally.