Case law

State v. Jutstrom Fish Co.

149 Or. 362 · Oregon Supreme Court · Dec 12, 1934

When goods or merchandise are imported, their immunity from state taxation lasts, as said in Sonneborn Bros. v. … Hence we conclude that, even if it be assumed that the fish were imports, they have, under the admitted facts, been so acted upon as to establish a tax situs.

Abraham v. Corizon Health, Inc.

369 Or. 735 · Oregon Supreme Court · Jun 3, 2022

See 42 USC § 2000a(e) (“The pro- visions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made … available to the customers or patrons of an establish- ment within the scope of subsection (b).”).

SCHMIDT v. City of Cornelius

211 Or. 505 · Oregon Supreme Court · Oct 16, 1957

These three cases establish the basic principle which is here involved. In a specially concurring *525 opinion in the General Electric case Mr. … Clearly, exclusion of territory from a city by act of the city is an exercise of municipal legislation under the decision of the case last cited.

Dungan v. Travelers Insurance

257 Or. 511 · Oregon Supreme Court · Nov 25, 1970

The information on this form and the evidence in general concerning Daniel’s age and physical and mental condition clearly established that he qualified as an eligible dependent of his father under the terms of the policy … The defendant’s argument that the evidence did *516 not establish Fairview as a “legally constituted hospital” is completely without merit. Whether it is licensed or not is immaterial.

State v. Moreno-Hernandez

365 Or. 175 · Oregon Supreme Court · Jun 13, 2019

The caseworker also testified that all children in DHS custody qualify for the Oregon Health Plan and that stays at Mingus Mountain would be paid for by that insurance. … Because the plaintiff qualified for Medicare benefits, he did not end up having to pay any of that amount.

Olcott v. Hoff

92 Or. 462 · Oregon Supreme Court · Jun 10, 1919

The importance of that distinction is clearly pointed out by the recent decision of the Supreme Court of Arkansas in construing the Constitution of that state in the case of Futrell v. … Volume 9 of United States Statutes at Large, page 824, Act Aug. 14, 1848, c. 177, Section 3, establishing the territory of Oregon, provides: “And in case of death, removal, resignation or absence of the governor from the

In re Harris

366 Or. 475 · Oregon Supreme Court · May 21, 2020

Two of the five circumstances set out in RPC 5.5(c)(1) to (5) in which a lawyer may provide legal services in Oregon without being admitted to the Oregon Bar clearly contemplate a situation in which the lawyer’s services … That rule does not shed light on respondent’s situation, because he was qualified to practice law in this jurisdiction on a temporary basis under RPC 5.5(c).

Ross v. Springfield School District No. 19

294 Or. 357 · Oregon Supreme Court · Dec 30, 1982

Petitioner appealed to the Fair Dismissal Appeals Board (FDAB) by means of the procedure established in ORS 342.905. … Whether Ross is qualified to teach in the State of Oregon is determined by the Teachers Standards and Practices Commission and reviewed by the State Board of Education.

A. C. Bohrnstedt Co. v. Scharen

60 Or. 349 · Oregon Supreme Court · Dec 19, 1911

In that case, however, it was inadvertently said the presumption was “conclusive” when the qualifying word “disputable” should have been used. As further illustrating the legal principle thus announced, see Pierce v. … If the use by the public is not clearly declaratory of the right to use it as a highway, and is not so understood by the owner of the fee, the public will not acquire the free right of passage, nor will it be burdened with

Meyer v. Harvey Aluminum

263 Or. 487 · Oregon Supreme Court · Oct 9, 1972

Diamond Alkali Company, 93 Idaho 32 , 454 P2d 69 (1969), contains opinions supporting both the view that the farmer is qualified and that he is not qualified. … We established that 10 cents a pound was a fair price for number 1 peaches. * “Q * * * In 1962 did you know what the price for peaches was?

Republic Development Co. v. Employment Division

284 Or. 431 · Oregon Supreme Court · Dec 5, 1978

The contract remains in force until a new rate is established. … An examination of the legislative history discloses quite clearly how the statute emerged in its present form.

Dubiver v. City Railway Co.

44 Or. 227 · Oregon Supreme Court · Jan 11, 1904

Justice Parker states it clearly in the Tucker Case, saying : “The plaintiff, in order to recover for the damages sustained by the killing of his intestate, * * was burdened with the necessity of proving, first, that the … Justice Paxson in the Nagle Case says: “ The law fixes no arbitrary period when the immunity of childhood ceases and the responsibilities of life begin”; and, referring to Sharswood’s Blackstone (volume 1, p. 435; vol. 4,

Bank of Oregon v. Independent News, Inc.

298 Or. 434 · Oregon Supreme Court · Jan 8, 1985

At Oregon common law, lack of culpability could establish a defense to a libel action in certain circumstances. … The qualified privileges discussed do not encompass the publication of the instant article read as a whole.

Hartley v. Rice Et Ux.

123 Or. 237 · Oregon Supreme Court · Nov 3, 1927

No one was better qualified than Judge Deady to pass upon the Oregon *240 Code. He was president of the Constitutional Convention and had an important part in framing the original Codes of this state. … Tbe fact that be reported for trial and was acquitted establishes bis innocence of tbe charge.

Churchill v. Grants Pass

70 Or. 283 · Oregon Supreme Court · Apr 28, 1914

a municipal purpose, and what is not, is in many cases shadowy and uncertain, great weight should be given by the courts to the legislative determination, and its action should not be annulled unless the purpose appears clearly … The citizens and taxpayers of Grants Pass know, or ought to know, whether or not this proposed expenditure is necessary, and it should require a stronger showing than is made here to induce us to decide that we are better qualified

Sprague v. Straub

252 Or. 507 · Oregon Supreme Court · Feb 26, 1969

The distinction between a subscription to stock and a purchase of stock is well established. … Although in these cases the character of the fund was examined either in relation to the question of the immunity of the state from suit, or in relation to the applicability of Article XY, § 7, the conclusion that the state

Roberson v. Ellis

58 Or. 219 · Oregon Supreme Court · Mar 14, 1911

The defendant also contends that, the money having been found in the warehouse of which he was the tenant, that fact establishes a qualified property in the defendant as against the plaintiff. … They are clearly distinguishable from the ease in hand.

Goltra v. Penland

45 Or. 254 · Oregon Supreme Court · Jun 27, 1904

This was clearly a reasonable length of time in which to determine whether she would allow or reject it. The court should have so declared as a matter of law, and not left the question for the jury. In Willis v. … Comp. § 722), but his testimony is not of itself sufficient to establish his claim.

State v. Patrick

131 Or. 209 · Oregon Supreme Court · Oct 29, 1929

We arrive at this conclusion without much consideration of the right of Caven to be immune as a witness from incriminating himself. … attention, together with such circumstances of time, places and persons present as to enable him to readily understand the particular statements alluded to by the interrogator, and he then denies making them or .attempts to qualify

State v. Megorden

49 Or. 259 · Oregon Supreme Court · Jan 12, 1907

An objection to the question on the ground that the witness was not qualified as an expert was overruled. … Justice Moore has clearly and ably discussed this rule in State v.