Case law

Sears v. Steel

55 Or. 544 · Oregon Supreme Court · Feb 15, 1910

I deem the precedent established, by holding the act under consideration void, to be far-reaching and portentous in its resultant effects. … Steel appears eminently qualified to give evidence bearing upon the issues presented, and his testimony before the trial court so fully, clearly, and specifically points out the facts, from which the advantages accruing,

In Re Lawrence

337 Or. 450 · Oregon Supreme Court · Sep 30, 2004

The Bar has the burden of establishing the alleged misconduct by clear and convincing evidence. BR 5.2. … SANCTION This court follows a well-established methodology for determining the appropriate sanction for lawyer misconduct.

Frangos v. Edmunds

179 Or. 577 · Oregon Supreme Court · Sep 18, 1946

It is established law that this court is bound by the certificate of the trial judge as to the statement of objections contained in the bill of exceptions even though a discrepancy may occur between the bill and the transcript … Ordinarily, a jury would like to know a doctor’s background, but where counsel for the defendant admits that he is recognized as probably the best, or among the best if not the best brain specialist in the West, you can’t qualify

State v. Washington

543 P.2d 1058 · Oregon Supreme Court · Dec 26, 1975

difficult to understand what purpose the definition has in establishing the limits on the defendant's right to such an instruction. … Even under the more fact-oriented pleadings approach to the determination of what is lesser included, sexual abuse would not qualify because he was not charged with sexual abuse or its elements, but only with intending to

In re Bertoni

363 Or. 614 · Oregon Supreme Court · Sep 13, 2018

On review, respondent argues that he should not be held to the admission in his answer because the written fee agreement clearly complied with RPC 1.5(c)(3). … To qualify as a prior disciplinary offense, the prior offense must have been adjudicated before the imposition of the current sanction and the similarity and temporal relationship between the prior offense and the current

Estate of Verd Hill v. Henderson

198 Or. 307 · Oregon Supreme Court · Apr 29, 1953

Our sole problem, therefore, is to test the facts as revealed by the record in terms of those controlling and well established canons. … Fratzke, a qualified physician and surgeon, to whom was addressed a hypothetical question concerning the mental competency of the decedent.

Stone v. First National Bank

100 Or. 528 · Oregon Supreme Court · Nov 22, 1920

The plaintiff claims that his contract gives him an equitable lien on the proceeds *550 from the sale of the logs in the pond and the sale of the lumber which was at the mill and unsold at the time Burtchaell qualified as … There should also appear proof that clearly established the intention that the premises would ‘be held, given, or transferred as security for the obligation’ of the contract.” In Cook & Co. v. Black, 54 Iowa, 693 ( 7 N.

Rooney v. Kulongoski

322 Or. 15 · Oregon Supreme Court · Sep 28, 1995

Clearly, the enactment by the people of initiative or referendum measures is a legislative act. Or. Const., Art. … The Attorney General responds that the measure clearly provides that the books must meet community standards to be in the library.

Parmele v. Mathews

233 Or. 616 · Oregon Supreme Court · Mar 20, 1963

Further, if any such element is not established, the court may not grant letters of guardianship. … The choice would clearly favor the latter's custodianship if we were permitted to consider only the best interest of the child in these contests between the parent and a third person.

Dougan Co. v. Klamath County

99 Or. 436 · Oregon Supreme Court · Nov 30, 1920

It is clearly brought out in the record that he lost on his contract, and that if his bid on Block 10 had been accepted he would have made money. … Brown, J., had not qualified and took no part in the consideration of this case.

Vaughn v. Langmack

236 Or. 542 · Oregon Supreme Court · Mar 11, 1964

Clearly, the legislature did not repudiate the Hotelling and Shives decisions. … The necessity for a reasonable construction can probably be illustrated most clearly by using the words of the Colorado court in Rosane v.

Gowin v. Heider

237 Or. 266 · Oregon Supreme Court · Apr 22, 1964

The evidence above recited (and there is more to the same effect) is clearly sufficient to warrant the submission of the question of duress to the jury. Growin was in jail. … Assembly of God et al, 230 Or 167 , 368 P2d 937 , the plaintiff was not qualified to testify as to the value of the property.

Freeman v. Wentworth & Irwin, Inc.

139 Or. 1 · Oregon Supreme Court · Jan 19, 1932

The reply admitted-“it was the duty of the plaintiff to furnish a ldt of ordinary hand tools” but qualified this admission by adding “it was the duty of the defendant to furnish all special tools.” … The above testimony and the foregoing principles of law induce the conclusion that the plaintiff *14 failed to establish a cause of action against the defendant based upon common law negligence.

State v. Burton

373 Or. 750 · Oregon Supreme Court · Jun 24, 2025

However, cross-examination “should not be limited to the exact facts stated on direct examination, but [may] extend[ ] to other matters which tend to limit, explain, or qualify them, or to rebut or modify any inference resulting … The state made a tactical choice not to present that evidence, but only after defense counsel had already 10 The trial court never clearly ruled on the state’s objection.

Fergison v. Belmont Convalescent Hospital, Inc.

217 Or. 453 · Oregon Supreme Court · Jul 29, 1959

Paige could clearly have objected to a breach of the duty when the rails were turned against the wall. … A hospital is liable for want of ordinary care, whether from incompetency of a nurse or failure in duty by a fully qualified nurse.

Dorsey v. Oregon Motor Stages

183 Or. 494 · Oregon Supreme Court · Nov 13, 1947

His experience qualified him as an expert concerning transportation matters. Mr. … That in each case where transportation facilities are provided hereunder, reasonable rates of fare * * * shall be established * * *. * * * “4.

State v. McCarthy

369 Or. 129 · Oregon Supreme Court · Dec 30, 2021

The state bears the burden to establish an exception to the warrant require- ment. … One of those cases, Carroll, did not establish a per se exigency exception, and the other, Ross, establishes a per se exigency exception for seizures, but not searches.

State v. Sierra

Oregon Supreme Court · Aug 10, 2017

collaterally attack his first conviction, due process also requires that a defendant be freed of apprehension of such a retaliatory motivation on 4   The existence of that authority does not mean that its exercise is immune … Here, the total length of defen- dant’s second sentence—276 months—exceeds the length of his first sentence—250 months—and therefore qualifies as a “more severe” sentence.

City of Portland v. Jackson

316 Or. 143 · Oregon Supreme Court · Apr 29, 1993

The lone *1099 statement in Draft No. 1 is far from establishing a legislative political decision. … Clearly, we must attribute some significance to the fact that criminal law is singled out for special treatment.

Lamm v. Silver Falls Timber Co.

133 Or. 468 · Oregon Supreme Court · Jan 29, 1929

The words just mentioned which are a part of most of the acts are never qualified by the limitation that the injury must have been inflicted during regular working hours: Honaker & Feeney v. Hartley, 140 Va. 1 ( 124 S. … The rule is well established that in such cases compensation should be awarded.” From Wirta v.