Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 8Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, George Henry Burnett, Julius Augustus Stratton, Robert Graves Morrow, William Henry Holmes, James W. Crawford, Reuben S. Strahan, Frank A. Turner, Bellinger, Charles Byron West Publishing Company, 1880 - Law reports, digests, etc |
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Page 30
... error alleged , was the re- fusal of the court below to grant a new trial . When the trial of a case is had before the court without the interven- tion of a jury , " the findings of the court upon the facts shall be deemed as a verdict ...
... error alleged , was the re- fusal of the court below to grant a new trial . When the trial of a case is had before the court without the interven- tion of a jury , " the findings of the court upon the facts shall be deemed as a verdict ...
Page 33
... error had not the court given the same in substance by reading the statute , which is of the same import , and we therefore think that the instruction was substantially given , and the refusal to give the instruction as asked did not ...
... error had not the court given the same in substance by reading the statute , which is of the same import , and we therefore think that the instruction was substantially given , and the refusal to give the instruction as asked did not ...
Page 34
... error for the court to give it , and said : " I am not permitted to state the evidence . You have heard it all , and of its effect and the credibility of witnesses you are the exclusive judges . " The remark made to the jury by the ...
... error for the court to give it , and said : " I am not permitted to state the evidence . You have heard it all , and of its effect and the credibility of witnesses you are the exclusive judges . " The remark made to the jury by the ...
Page 35
... error which must have injured the prisoner , for there was no other evidence to corroborate the testimony of George . The judgment will be reversed , and the case remanded to the circuit court for a new trial . WILLIAM JOHNSON ...
... error which must have injured the prisoner , for there was no other evidence to corroborate the testimony of George . The judgment will be reversed , and the case remanded to the circuit court for a new trial . WILLIAM JOHNSON ...
Page 44
... We do not find any error in the findings or determination of the circuit court , and its decree will be affirmed by this court with costs . Opinion of the Court - Prim , J. JOHN PAGE 44 [ Sup . Ct . REMILLARD v . PRESCOTT .
... We do not find any error in the findings or determination of the circuit court , and its decree will be affirmed by this court with costs . Opinion of the Court - Prim , J. JOHN PAGE 44 [ Sup . Ct . REMILLARD v . PRESCOTT .
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A. J. Cook agreement alleged answer appellant Argument for Appellant Argument for Respondent assessment assignment Ben Holladay Benton county bill of exceptions Caruthers cents charge circuit court city of Portland claim complaint constitution construction contract convey conveyance corporation counsel county court county road court of equity Court-Boise Court-Kelly Court-Prim creditors creek damages deceased decree deed defendant demurrer ditch Douglas County entitled equity error evidence executed filed flume grant Holladay hundred dollars issue judgment jurors jury Kilchis river land Linn County logs lots ment mortgage Multnomah County Opinion Oregon owner paid parties person plaintiff pleadings possession premises proceeding purchase question rendered Ruble sewer sheriff spondent Statement of Facts statute street sufficient suit testator testimony thereof thousand dollars tide lands tion trial verdict void Wasco county Willamette river witness Yamhill county
Popular passages
Page 359 - The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects, respectively, from the one country to the other, for purposes of curiosity, of trade, or as permanent residents.
Page 271 - 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 order them to be brought in.
Page 377 - ... all remedial statutes; the old law, the mischief, and the remedy: that is, how the common law stood at the making of the act; what the mischief was, for which the common law did not provide; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act as to suppress the mischief and advance the remedy (ej.
Page 454 - We are of opinion, therefore, that there was no error in the refusal of the court to charge the jury as requested by the plaintiff in error or in the charge given to the jury.
Page 377 - A subsequent statute revising the whole subject-matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, must on principles of law, as well as in reason and common sense, operate to repeal the former.
Page 412 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 414 - Regulating the practice in courts of Justice; Providing for changing the venue In civil and criminal cases; Granting divorces; Changing the names of persons; For laying out, opening and workIng on, highways, and for the election or appointment of supervisors...
Page 20 - 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.
Page 341 - The General Assembly shall provide, by law, for a uniform and equal rate of assessment and taxation; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 218 - No person shall be rendered incompetent as a witness or juror in consequence of his opinions on matters of religion, nor be questioned in any court of justice touching his religious belief, to affect the weight of his testimony.