Case law

State v. Roselair

57 Or. 8 · Oregon Supreme Court · Jul 12, 1910

If it was extorted by threats, or induced by a promise of immunity from the penalty prescribed for the crime, or prompted by an assurance of a mitigation of the punishment, the confession is inadmissible. 2. … A qualified physician may be allowed by a court to assert an opinion from an examination made of a defendant subsequent to the commission of a crime as to whether or not the person accused thereof was sane or insane at the

Penn Phillips Lands, Inc. v. State Tax Commission

247 Or. 380 · Oregon Supreme Court · Jul 26, 1967

The checkerboard pattern of ownership was undisputed, and the similarity of neighboring land was established. The promotion and sale of “homesites” by other taxpayers was likewise established. … On such evidence the taxpayer has established a prima facie case of unconstitutional discrimination.

Sadler v. Oregon State Bar

275 Or. 279 · Oregon Supreme Court · Jun 17, 1976

Plaintiff contends that the Bar failed to prove that the records qualified as exempt records under the provisions of ORS 192.500(2)(c). … The plaintiff contended that an applicable statute, ORS 9.550(2), gave immunity from suit only if the statements were made in good faith and further contended that the libelous statements against him had not been made in

Sanok v. Grimes

294 Or. 684 · Oregon Supreme Court · Apr 19, 1983

The corresponding regulation provides that to qualify as forest land, either the land must have at least a poor stock of established seedlings or the owner must be making a reasonable effort toward reforestation as indicated … Tortious misconduct of the assessors, however heinous, does not qualify plaintiffs land for that tax status.

Smith v. Popham

266 Or. 625 · Oregon Supreme Court · Sep 10, 1973

The law is well established that a voluntary conveyance of property made by a debtor in. anticipation of a suit against him is a badge of fraud. 1 Moore on Fraudulent Conveyances 238, § 7 (1908); *631 37 Am Jur 2d 702, Fraudulent … The record clearly establishes—■ and apparently plaintiff does not disagree—that Prouty was a bona fide purchaser for value of the two-acre parcel.

Philomath College v. Wyatt

27 Or. 390 · Oregon Supreme Court · Oct 5, 1893

They should have pursued a legal and orderly course, which was clearly open to them. … Austell, 45 Ark. 407 , it was held that “the constitutional provision that ‘no county seat shall be established or changed without the consent of the qualified voters of the county’ means a majority of the qualified voters

Howell v. Boyle

353 Or. 359 · Oregon Supreme Court · Mar 14, 2013

Affirming the validity of the immunity provision, the court wrote that *393 “all of our decisions have recognized that a city may be given, not absolute, but conditional immunity from liability for street accidents — conditioned … Later in his concurrence, Justice Linde observed that “the court has allowed legislative immunization of cities from tort liability only on condition that the individuals who are personally responsible for harm qualifying

State Ex Rel. Montgomery v. Parker

120 Or. 465 · Oregon Supreme Court · Dec 21, 1926

Before an attorney can be admitted to practice law in this state, he must establish, to the satisfaction of the Supreme Court, that he is a citizen of the United States and of Oregon; that he is twenty-one years of age, a … resulting therefrom, we have given careful consideration to all the facts in the case, and, from such consideration, we are of opinion that the conduct of the defendant in the practice of his profession has been such as clearly

Leonard v. Ekwall

124 Or. 351 · Oregon Supreme Court · Feb 3, 1928

Multnomah and providing that the present incumbent of that office be created a circuit judge of the fourthj judicial district and exercise all the powers and jurisdiction of a circuit judge until his successor is elected^ and qualified … If for any reason he was incapacitated, or absent from the county, the county judge would be authorized to perform the functions of the circuit judge relating to probate business, but would be immune from the operation of

State v. Lane

341 Or. 433 · Oregon Supreme Court · Oct 5, 2006

Defendant, while conceding that he committed third-degree escape, argues that he did not commit second-degree escape because the courtroom did not qualify as a correctional facility. … Those two codefendants clearly remained in constructive custody, and the sheriff was the symbol of that status.

Yundt v. D & D BOWL, INC.

259 Or. 247 · Oregon Supreme Court · Jun 23, 1971

There are situations, such as Sandow , where a jury clearly is not equally well qualified and needs help to find the truth. … It is the area between the clearly qualified and the clearly unqualified where the trial judge should be granted a certain latitude of decision in excluding or receiving expert opinion testimony.

Richard v. Slate

239 Or. 164 · Oregon Supreme Court · Dec 3, 1964

In the petition it is alleged that ‘the plaintiff is the duly acting and qualified administratrix of the estate of Max Pearson, deceased.’ … ORS 30.020 clearly requires that a personal representative must bring the action and this is as much a condition as that the action be commenced within the two year period.

McIntire v. Forbes

322 Or. 426 · Oregon Supreme Court · Jan 19, 1996

Each Petitioner Qualifies As An “Interested Person,” With Standing. … Black, 5 Ind 557, 573 (1855) (holding that part of an act was “clearly in conflict with [the one-subject requirement] and void”). 8 *437 Consistent with that established Indiana case law, the Oregon case law through the generations

To v. State Farm Mutual Insurance

319 Or. 93 · Oregon Supreme Court · May 26, 1994

To qualify as a “phantom vehicle,” a vehicle must meet several requirements, which are set out in ORS 742.504(2)(g). … way: “ [C] ommentators have expressed concern about reliance on the affidavits of interested parties. * * * Professor Bauman unqualifiedly regards affidavits as ‘the poorest type of evidence, * * * because the affiant is immunized

Nevada Ditch Co. v. Bennett

30 Or. 59 · Oregon Supreme Court · Jun 29, 1896

Pomeroy is also in accord with this view, although he does not state it so clearly. … In the absence of such privity the Gillerman-Froman appropriation is clearly subsequent in time to that of the plaintiff.

Woodford v. Olcott

104 Or. 437 · Oregon Supreme Court · Jul 18, 1922

The established law applicable to the issuance of a writ of niandamus in cases analogous to the one here involved is aptly stated in American Casualty Ins. Co. v. Fyler, 60 Conn. 448, 459 ( 22 Atl. 494 , 25 Am. St. … The rule is stated very clearly by Mr. Justice Bradley in United States ex rel. Dunlap v. Black, 128 U. S. 40 [ 32 L. Ed. 354 , 9 Sup. Ct. Rep. 12, see, also, Rose’s U. S. Notes].

Portland v. Traynor

94 Or. 418 · Oregon Supreme Court · Sep 16, 1919

So that, if an applicant for such consent, being in every way a competent and qualified person, and having complied with every reasonable condition demanded by any public interest, should, failing to obtain the requisite … with reference to plumbing, water supply, ventilation and cleanliness, the bureau of health shall issue to such applicant a food establishment permit.”

Bagley v. Mt. Bachelor, Inc.

356 Or. 543 · Oregon Supreme Court · Dec 18, 2014

First, the court observed that the release “clearly and unequivocally” expressed defendant’s intent to disclaim liability for negligence. Id. at 550 Bagley v. Mt.  … Harper, 306 Or 347, 349-50, 759 P2d 253 (1988), the court abolished interspousal immunity, holding ‘that the common-law rule of interspousal immunity is no longer available in this state to bar negligence actions

Friendsview Manor v. State Tax Commission

247 Or. 94 · Oregon Supreme Court · May 17, 1967

We also agree with the Tax Court that, nevertheless, Friendsview does not qualify for the charitable exemption. … The group benefited may be large or small, definite or indefinite in number, but in the benefaction some motive of altruism must clearly shine forth." 220 Or at 506 .

Klarr v. Heckart

206 Or. 178 · Oregon Supreme Court · Dec 30, 1955

In that ease, the Seattle Association of Credit Men, a foreign corporation which had not qualified to do business in this state, sought to intervene. … Those words clearly indicate that no one is subject to the act unless he is engaged in the business to which it is applicable.