Case law

Oxley v. Linnton Plywood Ass'n

205 Or. 78 · Oregon Supreme Court · May 25, 1955

Defendant’s common stock was to be sold only to persons who could qualify as members of the association, such qualifications being that they would be engaged in the production of defendant’s products. *82 On February 24, … By the use it made of the Bubidew report, defendant clearly adopted it as its own. Therefore, it forms an integral part of an admission against interest by the defendant.

State Ex Rel. Huddleston v. Sawyer

324 Or. 597 · Oregon Supreme Court · Feb 21, 1997

Equal Privileges and Immunities Article I, section 20, provides: "No law shall be passed granting to any citizen or class of citizens privileges, or *1153 immunities, which, upon the same terms, shall not equally belong to … ORS 137.700 establishes minimum prison sentences for 18 felonies.

Fischer v. Bayer

108 Or. 311 · Oregon Supreme Court · Nov 14, 1922

Upon the hearing on appeal, it was decided that the evidence introduced by plaintiff wholly failed to establish liability on the part of J. C. … Clearly, the judgment which this court directed should be entered against Keep was in effect an affirmance of the judgment of the lower court as to Keep.

State Highway Commission v. Hewitt

229 Or. 582 · Oregon Supreme Court · Jan 24, 1962

James A Rodman, Jr., a real estate broker and appraiser, was one of two witnesses called by the plaintiff to establish the value of the property taken and the damage to the remainder. … We believe they clearly indicate that the state’s contentions are without merit.

Pereida-Alba v. Coursey

356 Or. 654 · Oregon Supreme Court · Jan 15, 2015

Rather, the post-conviction court ruled in its letter opinion that “no reasonably qualified defense attorney would have made the choice complained about in the post-conviction proceeding.” … The court explained that, “[i]f the store employees are to be believed, there was clearly a Robbery I. If the peti- tioner in this case is believed there was at most a Robbery III and maybe only a Theft.”

Rogue Valley Sewer Services v. City of Phoenix

357 Or. 437 · Oregon Supreme Court · Jul 16, 2015

In the same 1906 election, voters “reserved” initiative and referendum powers “to the qualified voters of each municipality and dis- trict as to all local, special and municipal legislation of every character in or for their … This court held the property was nonetheless “clearly exempt from taxation.” Id. at 473.

American Trucking Associations, Inc. v. State

339 Or. 554 · Oregon Supreme Court · Dec 15, 2005

establishes discrimination in practical effect. … Ct 1153 , 55 L Ed 2d 403 , (1978), the Court used the test — substituting the phrase “state *566 function” for "interstate commerce” — to hold that a federal registration tax on civil aircraft did not violate the implied immunity

Stephan v. Equitable Savings and Loan Association

268 Or. 544 · Oregon Supreme Court · May 16, 1974

Stephan, we hold that it had the burden of proof to establish that it clearly explained to Mrs. … On the contrary, all plaintiffs contend that a valid trust was established by the terms of this will.

State v. Compton

333 Or. 274 · Oregon Supreme Court · Feb 7, 2002

Therefore, he argues, the statute violates Article I, sections 20 (equal privileges and immunities) and 21 (prohibiting ex post facto laws), of the Oregon Constitution, and the Eighth and Fourteenth Amendments to the United … “What we know pretty clearly is there was a violent blow at least to her back and perhaps a violent blow to her abdomen that caused internal bleeding.

Stanfield v. Arnwine

102 Or. 289 · Oregon Supreme Court · Dec 13, 1921

The addition of the qualifying words, ‘about,’ ‘more or less,’ and the like, in such cases, is only for the purpose of providing against accidental variations arising from' slight and unimportant excesses or deficiences in … This would have been a self-serving declaration and clearly inadmissible as such.

Greenfield v. Central Labor Council

104 Or. 236 · Oregon Supreme Court · Oct 1, 1920

Broad generalizations, however, *271 are easily framed, because, if we just keep in mind the prevalence in the statute of the qualifying idea of ‘peaceful’ and ‘lawful’ action, we cannot be misled. * * “Again, the right of … A picket was established about the plant. Picketing was carried on for about four weeks without cessation, by three or four groups of picketers, each group consisting of four to twelve persons.

State Ex Rel. Roberts v. Public Finance Co.

294 Or. 713 · Oregon Supreme Court · Apr 19, 1983

The point that the state ignores is that the principal contract was a contract for employment at will, which was terminable by either party at any time for almost any reason. [3] The terms of this vacation contract are qualified … And that "vacation entitlement is established on the employee's anniversary date * * *."

Health Net, Inc. v. Dep't of Revenue

362 Or. 700 · Oregon Supreme Court · Apr 12, 2018

Considering the text, context, and legislative history of ORS 305.655, we cannot say that those sources clearly and unmistakably establish that the Oregon legislature intended to enter into a binding contract. … This court has relied on Restatement (Second) of Contracts , section 302 (1981), for the rule concerning who qualifies as an intended beneficiary of a promise. See Hale v.

Tripp and Saunders v. Renhard

184 Or. 622 · Oregon Supreme Court · Nov 23, 1948

Thus, it is seen that the respondents depend much upon the sheets to establish the terms of the contract. We shall presently return to the sheets. … Winston: I will further qualify them. “The Court: (examining documents) You will have to connect them up further before you can offer them. “Q. Mr.

Case v. Chambers

210 Or. 680 · Oregon Supreme Court · Jul 3, 1957

insert the word “or” between “merchandise” and “stock in trade,” rather than either a comma or the word “and” because use of a conjunction would require that the goods be both “merchandise” and “stock in trade” in order to qualify … The burden then remains on the taxing authorities to establish the undervaluation by proving “true cash value.”

State v. Tourtillott

289 Or. 835 · Oregon Supreme Court · Oct 21, 1980

According to the trial judge, the roadblock was established "on one of the most rural highways *425 in the whole state of Oregon." … The checkpoint was established on the first weekend of hunting season.

Lonsford v. Burton

200 Or. 497 · Oregon Supreme Court · Feb 24, 1954

Under such a rule the right and duty to defend for the union would clearly rest in the governing body of the union. … The right of a stockholder to bring suit is not absolute, but is qualified, as indicated by the following authorities : ‘1 The mere fact that a corporation has a cause of action for an injury does not always make it incumbent

State v. Blue

374 Or. 439 · Oregon Supreme Court · Nov 25, 2025

, 273 Or at 368 (explaining that “[m]ost scholars believe” that one purpose of the rule is “preventing fraud”); White, 4 Or App at 155- 56 (explaining that, when it appears that “what is called the secondary evidence is clearly … We further conclude that the trial court’s admis- sion of the photograph did not qualify as harmless error.

Board of Directors of North Unit Irr. Dist. Gard v. Peck

91 Or. 33 · Oregon Supreme Court · Jan 21, 1919

Section 49 of the act clearly makes all irrigation districts theretofore organized under the laws of this state subject to the provisions of the act of 1917. … The decree of the lower court in that case declared the North Unit Irrigation District to have been “legally created and organized” and regularly constituted and established.

State v. Parkins

346 Or. 333 · Oregon Supreme Court · Jun 25, 2009

Steen, 346 Or 143, 145 , 206 P3d 614 (2009) (discussing plain error exception to preservation requirement generally); ORAP 5.45(1) (appellate courts will not consider unpreserved issues unless they qualify as errors apparent … Clearly defendant’s convictions for sexual abuse in *345 the present case should be merged for purposes of conviction.” 5 (Emphasis added.)