Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, 86권 |
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adverse possession affirmed agreed agreement alleged amended amount answer appeal authority averments Baker County Bank bill of exceptions bill of lading bond brief CHIEF JUSTICE MCBRIDE Circuit Court cited claim Columbia Company complaint contract corporation County Court county seat court of equity damages decree defendant Backus defendant's delivered the opinion election entitled equity estoppel evidence execution fact fendant filed funds Gerlinger Motor Car instruction irrigation district issue Jefferson County judgment jurisdiction jury JUSTICE BEAN JUSTICE BENSON JUSTICE BURNETT JUSTICE MOORE land liable lien Lumber Malheur County Marion County matter ment motion Multnomah Multnomah County negligence nonsuit notice oral argument Oregon owner paid party payment person petition plaintiff pleading Portland proceedings purchase question REHEARING DENIED Rostad Section statement statute stockholder suit Surety testified testimony thereof tiff tion trial trustee Umatilla River verdict W. H. Davis witness
인기 인용구
716 페이지 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
111 페이지 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
544 페이지 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale; or in default thereof, a receiver may be appointed to close up the business of the association,...
574 페이지 - In the construction of a pleading, for the purPose of determining its effect, its allegations shall be liberally construed, with a view of substantial justice between the parties.
136 페이지 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other...
455 페이지 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
250 페이지 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
332 페이지 - A contract of a corporation which is ultra ¡ vires in the proper sense, — that is to say, outside the object of its creation, as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature, — is not voidable only, but wholly void, and of no legal effect. The objection to the contract is, not merely that the corporation ought not to have made it, but that it could not make it.
381 페이지 - In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts, showing such performance ; but it may be stated generally, that the party duly performed all the conditions on his part ; and if such allegation be controverted, the party pleading must establish on the trial the facts showing such performance.
303 페이지 - For the proper construction of an instrument the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the judge be placed in the position of those whose language he is to interpret.