Reports of Cases Decided in the Supreme Court of the State of Oregon, Band 12
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron
West Publishing Company, 1886
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action admitted agent agreed alleged amount answer appellant apply assigned authority bill cause charge Circuit Court circumstances claim Code common complaint consideration constitute construction contract corporation counsel court Court-Lord decree deed defendant delivered denied determine direct effect entitled equity error established evidence executed existing express facts ferry filed further give given granted ground held highway injury instruction intended interest issued John judgment jurisdiction jury justice land liability license lien material matter mortgage necessary notice objection obtained Opinion Oreg owner parties performance person plaintiff pleading possession premises present proceeding proof prove purchase question reason received record referred remedy respondent rule seal secure signed statute sufficient suit taken testimony Thayer thereof tion transaction trial wife witness
Seite 216 - Act of 1789, in its 16th section, declares " that suits in equity shall not be sustained in either of the courts of the United States in any case where adequate and complete remedy may be had at law.
Seite 468 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Seite 489 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Seite 295 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated, and have had decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defense": Freeman on Judgments, sec.
Seite 399 - Where, also, the declaration, act, or omission forms part of a transaction, which is itself the fact in dispute, or evidence of that fact, such declaration, act, or omission is evidence, as part of the transaction.
Seite 124 - ... intended in large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions, which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden which it imposes, is a violation of the contract with the state, and is void as against public policy.
Seite 15 - I see no reason to doubt their correctness, the true doctrine on this subject is, that where a purchaser has knowledge of any fact, sufficient to put him on inquiry as to the existence of some right or title in conflict with that he is about to purchase, he is presumed either to have made the inquiry, and ascertained the extent of such prior right, or to have been guilty of a degree of negligence equally fatal to his claim to be considered as a bona jide purchaser. This presumption, however, is a...
Seite 294 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Seite 460 - Territory aforesaid, my true and lawful attorney for me and in my name, place and stead, and for my use and benefit...