Case law

The Dalles & Rockland Ferry Co. v. Hendryx

189 F. 266 · U.S. Circuit Court for the District of Oregon · Jul 23, 1911

And it is firmly established that to give the court jurisdiction of such a suit it must appear from the plaintiff’s own statement of his cause of action that he is claiming some right, title, privilege or immunity by virtue … C.) 98 Fed. 455 . [3] Now, the plaintiff is not asserting any claim, right, or immunity under the Constitution or laws of the United States.

Lamb v. Vaughn

14 F. Cas. 1034 · U.S. Circuit Court for the District of Oregon · Mar 28, 1872

As to the words “agreed,” “to be sold:” The words “jointly, or any of them separately,” would never have been used to qualify the word agreed, used in the sense indicated. … The agreement by which the lots in the clause in question were agreed to be sold— by which the sales intended were effected— is clearly what is intended, as jointly or separately made.

John v. Smith

91 F. 827 · U.S. Circuit Court for the District of Oregon · Feb 4, 1899

It is my intention and desire to establish a permanent and perpetual educational fund, to be forever used in promoting education. “Seventh. … But the trust is clearly declared, and it is absolute. The will vested a present title in qualified executors, for a public charity clearly defined, and this is *831 sufficient.

United States v. Mitchell

136 F. 896 · U.S. Circuit Court for the District of Oregon · Apr 25, 1905

Section 1268 provides that, before accepting a person drawn as a grand juror, the court must be satisfied that such person is duly qualified to act as such juror, but that, when drawn and found qualified, he must be accepted … It has existed in this court since its organization, with the establishment of the state government, without objection until the present time.

United States v. Oregon & C. R.

186 F. 861 · U.S. Circuit Court for the District of Oregon · Apr 24, 1911

But'until he was qualified to take, there was no actual grant of the soil.” … Under this theory, it is further asserted that it makes no difference that a cestui que trust was not in being and qualified as such at the time of the grant, but that the act has in contemplation any such qualified person

In re Mattson

69 F. 535 · U.S. Circuit Court for the District of Oregon · Jul 22, 1895

The independent legislative control which one state, in such a case, may exercise, consistent with the exercise óf similar powers by the other state, is clearly shown, in the cases cited in the opinion. … This right is held by the supreme court of the United States to be, not a mere privilege or immunity of citizenship, but a right of citizenship and property combined, which the state may make exclusive in its own citizens

Chapman v. Toy Long

5 F. Cas. 497 · U.S. Circuit Court for the District of Oregon · Jul 31, 1876

alien Chinamen, who have not declared their intention to become citizens of the United States;” that on February 21, 1S75, the miners of Poorman and Jackass creeks district, situate in Jackson county, state of Oregon, duly established … Treat. 148), provides that citizens and subjects of the two nations shall respectively enjoy the same privileges, immunities or exemptions, in respect to travel or residence “within the country of the other,” as may there

Powell v. Oregonian Ry. Co.

36 F. 726 · U.S. Circuit Court for the District of Oregon · Dec 3, 1888

The ground of the decision is that the statute is penal, and therefore the word “debt” ought to bo taken in “that limited and definite sense to which long-established usage has restricted it;” and that the use of the word … qualifies the enlarged sense of the word “demand,”and show's that it was used by the legislature “to denote a demand arising on contract.”

McConnaughy v. Pennoyer

43 F. 196 · U.S. Circuit Court for the District of Oregon · Jul 28, 1890

Justice Miller, after stating that, “whenever it can be clearly seen that the state is an indispensable party to enable the court, according to the rules which govern its procedure, to grant the relief sought, it will refuse … He is bound to establish it. The state is a political corporate body, can act only through agents, and can command only by laws.

De Laittre v. Board of Com'rs

149 F. 800 · U.S. Circuit Court for the District of Oregon · Jan 14, 1907

Being bound to the observance of the law, the board is inhibited from selling to any but qualified purchasers. It cannot sell to an alien. Spencer v. Carlson, 36 Or. 364 , 59 Pac. 708 . … Suppose ¡¡mother person, being qualified, had made application for the land in dispute, and thereby controverted the right of the plaintiffs to a deed. > This would have brought on a contest, and the board would clearly ha

United States v. Oregon & C. R.

57 F. 426 · U.S. Circuit Court for the District of Oregon · Aug 21, 1893

The motive for the grant in question was Hie opening up of this hitherto inaccessible region, and the establishment of railroad connection between Portland and Astoria, the two largest towns in the state. … The supreme court says that, so far from indicating that this was not to be considered a single line, it is difficult to see how congress could have expressed more clearly by inference that they were not to be treated as

Vancouver Nat. Bank v. Law Union & Crown Ins.

153 F. 440 · U.S. Circuit Court for the District of Oregon · Mar 4, 1907

No form of words could have been devised' or adopted, relating to the insurance of these mortgagees, which would so clearly and conclusively have expressed the intention of the parties to this contract to subject the indemnity … secured by the mortgagees to the risk of the acts and omissions of the mortgagor as the clause which they selected and attached to the policy, because a long line of adjudications, covering more than 40 years, had established

Starr v. Stark

22 F. Cas. 1116 · U.S. Circuit Court for the District of Oregon · May 8, 1874

But whether Coffin and Chapman are, or are not. the parties specially referred to. they are clearly embraced in the terms of covenant. … But Stark is a competent witness, also, and it is but fair to presume that if he could have Truthfully denied, or qualified in any material degree, the accuracy of the testimony given, he would have offered himself as an

Hall v. Russell

11 F. Cas. 248 · U.S. Circuit Court for the District of Oregon · Nov 12, 1875

Under section 4 of the donation act, Lor-ing was qualified to take 320 acres of the public land in Oregon. … But this is clearly not so. The language of the section is open to criticism, but the manifest intention of congress was to grant the premises occupied by the deceased-settler to his heirs.

McCalla v. Bane

45 F. 828 · U.S. Circuit Court for the District of Oregon · Apr 20, 1891

It qualifies its operation in the case of such children whose parents were “formally” married and lived together as husband and wife. The court also said in State v. … This construction of the constitution of the state is binding on this court, and, tried by it, this act, in my judgment, is clearly valid.

Holmes v. Holmes

12 F. Cas. 405 · U.S. Circuit Court for the District of Oregon · Apr 12, 1870

Hunt, 2 Ohio, 502, the court says: “The rule in chancery is well established. … This qualifying clause is found as early as the seventh edition, published in 1851, while the case of Cheney v. Arnold was not decided until 1857.

United States v. Wallamet Val. & C. M. Wagon-Road Co.

44 F. 234 · U.S. Circuit Court for the District of Oregon · May 12, 1890

formed, under the general laws of Oregon, for the purpose of constructing and maintaining a wagon-road from Albany across the Cascade mountains to the .Deschutes river, “all lands, right of way, rights, privileges, and immunities … When his certificate to that effect was filed with the secretary of the interior, the fact of completion was established.

Vanderbilt v. Bishop

188 F. 971 · U.S. Circuit Court for the District of Oregon · Jul 31, 1911

Respecting the age of the trees, it is clearly proven that they were 16 and 17 years old at the time of the sale. Vanderbilt’s positive representation was that they were 14 years old. … claims that no hard-pan exists, but he qualifies that by adding, “as he understands- hard-pan.”

Fields v. Squires

9 F. Cas. 29 · U.S. Circuit Court for the District of Oregon · Feb 15, 1868

Arden) said, he was clearly of the opinion that this covenant was a contract for a valuable consideration, affecting the land and would affect the heir. … by the terms of the .grant,it was made liable to be determined by the happening of a particular event — namely: her own death before the issuance of the patent The estate granted her was therefore, what the law calls a qualified