Case law

Mason/Turrill v. Rosenblum

369 Or. 656 · Oregon Supreme Court · Apr 29, 2022

A panel of three administrative law judges chosen by the Chief Administrative Law Judge of the Office of Administrative Hearings would select 150 individuals from among the qualified applicants to form three sub-pools, with … The caption must be modified to more clearly convey that IP 34 would repeal and replace the legislature’s plan for the current decennium. 674 Mason/Turrill v.

Tokay Heights Development Co. v. Hull

92 Or. 159 · Oregon Supreme Court · Sep 25, 1917

This knowledge is established by unchallenged written testimony. … One great advantage of hillside orchards is immunity from spring frosts. They never have to ‘smudge’ as on the river bottom land.

State Ex Rel. White Lumber Sales, Inc. v. Sulmonetti

252 Or. 121 · Oregon Supreme Court · Dec 18, 1968

The pending litigation clearly lies in the wake of the order which White placed with Continental. Whether or not "title passed," the telephone order produced substantial business consequences in Oregon. … recognized that there are fundamental reasons in addition to fairness to the parties which dictate limitations on the jurisdictional reach of sister states when he said: "* * * Those restrictions are more than a guarantee of immunity

State Highway Commission v. State Construction Co.

203 Or. 414 · Oregon Supreme Court · Feb 23, 1955

It was duly qualified as a bidder under the provisions of §§ 98-102 to 98-106, OCLA (OES 279.010 to 279.028). Alfred H. Cohn is the president and general manager of said corporation. … This is the clearly defined and well established rule upon the subject, in courts of equity, both in England and America.’ ’ (First italics ours.) See also Moffett, Hodgkins & Co. v.

In re Weidner

320 Or. 336 · Oregon Supreme Court · Nov 17, 1994

Using various lawyers other than the accused, Kent won a legal action by establishing a contract to make a will in her favor. … The letter solicited loans to an entity, established and controlled by Kent, called Mission World Peace.

Farmers' National Bank v. Woodell

38 Or. 294 · Oregon Supreme Court · Jul 9, 1900

That the competency of the witness should have been established before he testified concerning' the character of the land must be admitted: Rog'ers, Exp. Test. (2 ed.), § 15. … If the' instruction complained of did not fully state the hypothetical facts involved, or clearly explain the legal principle applicable thereto, it was incumbent upon the party objecting to that portion of the charge to

Allen v. Multnomah County

179 Or. 548 · Oregon Supreme Court · Sep 24, 1946

exemption, notwithstanding the fact that the constitutional provision, which had formerly included “all churches, church property used for religious purposes, and houses of worship”, was later amended by the omission of the qualifying … We are of the opinion that no:exemption should be permitted in any event, unless the intention of the:legislature to grant it is clearly and unmistakably indicated by-the language of-the exempting.státute.

In Re Complaint as to the Conduct of Stauffer

327 Or. 44 · Oregon Supreme Court · Apr 9, 1998

The Bar has the burden of establishing misconduct by clear and convincing evidence. ORS 9.536(2); BR 5.2. … DR 4-101(0 provides that a lawyer may reveal confidences or secrets necessary to establish a claim or defense on behalf of a lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal

James v. State of Oregon

366 Or. 732 · Oregon Supreme Court · Aug 6, 2020

PERS is a tax-qualified defined-benefit governmen- tal plan, which, since 2004, has included a defined bene- fit with a defined-contribution component. … See Strunk, 338 Or at 192-93 (“In other words, the text of ORS 238.200 (1)(a) (2001) and its statutory context do not establish clearly and unambiguously that the legislature intended to promise members that they could contribute

Wilson v. BF Goodrich

292 Or. 626 · Oregon Supreme Court · Mar 18, 1982

The occupations of those men were well established. … The witness clearly stated that he was presenting general national statistics for factory workers of all kinds. Defendants’ counsel subjected his assumptions and methodology *636 to searching cross examination.

Lasley v. Combined Transport, Inc.

351 Or. 1 · Oregon Supreme Court · Sep 22, 2011

In the offer of proof that it submitted in opposition to plaintiffs motion in limine, Combined Transport asserted that a qualified expert physician would testify to Clemmer’s blood alcohol level at the time of the collision … In combination, ORS 31.600(3) and ORCP 19 B establish that a defendant must, in some way, affirmatively plead a specification of negligence on which it intends to rely, and that has not been pleaded by the plaintiff, to establish

John I. Haas, Inc. v. State Tax Commission

227 Or. 170 · Oregon Supreme Court · May 10, 1961

"What may have been the customary method in 1899 was clearly not the method *182 followed 'by Ray and Haas in 1950 and 1951. … It established a local agent in Madison, Missouri, to buy cream in its behalf and ship it thence to Quincy for conversion into creamery products at that point.

Public Market Co. v. City of Portland

160 Or. 155 · Oregon Supreme Court · Jul 7, 1938

In any event, the council was best qualified to determine what meaning it intended to give to the contradictory terms above referred to, and also to determine what particular provisions of the first ordinance were referred … That the city authorized the plaintiff to borrow said sum and to give said mortgage clearly appears from two resolutions duly adopted by the council, numbered respectively 20557 and 20649, copies of both of which are attached

Wright v. Wimberly

94 Or. 1 · Oregon Supreme Court · Oct 21, 1919

This statutory precept has always been qualified by Section 429, L. O. … That these statutes, being in derogation of the common law, must be strictly construed, is to follow a well-established canon of interpretation.

State of Oregon Ex Rel. v. Dobson

195 Or. 533 · Oregon Supreme Court · Jun 4, 1952

Clearly, that, in itself, was not proscribed by % 8(b) (4). … The Denver ease clearly distinguishes the Bice Milling Company case (which immediately precedes it in the reports) and reads ( 341 US 687 ): “A.

State v. Tourtillot

289 Or. 845 · Oregon Supreme Court · Oct 21, 1980

The checkpoint was established on the first weekend of hunting season. … If the commission fails to submit sufficient qualified nominees for such positions, the Department of State Police shall make its own selections.”

Stranahan v. Fred Meyer, Inc.

331 Or. 38 · Oregon Supreme Court · Sep 14, 2000

The broad public use analysis relied on an express or clearly implied invitation from the owner of the Lloyd Center to the public not only to shop,-but to congregate in the shopping center for a variety of business, social … The court declined to do so, stating: “[W]e are not inclined to overturn Alderwood because the ‘doctrine [of stare decisis] requires a clear showing that an established rule is incorrect and harmful before it is abandoned

State v. Cooke

130 Or. 552 · Oregon Supreme Court · Apr 23, 1929

It is not necessary that the indictment be construed as though “lawful money of the United States of America” qualified the preceding words describing the kinds of money mentioned in the indictment. … These entries were made under the general supervision of the defendant Oooke and were clearly admissible as admissions against interest.

Cockrum v. Graham

143 Or. 233 · Oregon Supreme Court · May 16, 1933

Cockrum, respondent in this appeal, was appointed administrator of McLeod’s estate, and, after qualifying, proceeded to discharge the duties of his office; April 17,1930, one Susan R. … Clearly, an intelligent clerk would ignore that clause when drafting the writ. In City of Geneva v. The People, 98 Ill.

Ferrari v. Beaver Hill Coal Co.

54 Or. 210 · Oregon Supreme Court · Jul 13, 1909

It is fully and clearly established, under the repeated and uniform holdings of this court, that where the employee is immature in *227 years, and is inexperienced in the work in which he is employed, that feature becomes … Portland, 40 Or. 389, 405 ( 60 Pac. 985 : 67 Pac. 305 ) the law upon this subject is clearly and concisely stated by Mr.