Case law

Bartz v. State of Oregon

314 Or. 353 · Oregon Supreme Court · Oct 1, 1992

In this instance, the words of the statute do not clearly express the legislature’s intention. … The Constitution of the United States requires the states to provide persons convicted of crimes “some clearly defined method by which they may raise claims of denial of federal rights.” Young v.

Beach v. Holland

172 Or. 396 · Oregon Supreme Court · Sep 23, 1943

The evidence clearly shows, and counsel for the defendant concede in their brief, that the action of the deceased in causing her bank account to be changed to a joint account in the names of herself and the plaintiff, was … The claim of immunity from the tax was rejected for several reasons, among others that in Oregon an estate by the entirety in personal property cannot be created.

Central Lincoln People's Utility District v. State Tax Commission

221 Or. 398 · Oregon Supreme Court · Apr 27, 1960

The reference to shares, etc., qualifies the word “companies” and not “corporations.” … The intention to tax a municipality is not to be inferred, but must be clearly manifested by an affirmative legislative declaration. Portland v. Welch et al., supra; State v. Preston, supra.

Ivanov v. Farmers Insurance

344 Or. 421 · Oregon Supreme Court · May 8, 2008

Contrary to the determinations below that plaintiffs had the initial burden of establishing medical necessity, the nature of plaintiffs' *422 claims instead required Farmers to establish that the denials it had issued were … the trial court decided on summary judgment was, as plaintiffs themselves put it (and as the trial court repeated in its opinion), "whether Farmers was required to have support from a medical examination conducted by a qualified

Storla v. Spokane, Portland & Seattle Transportation Co.

136 Or. 315 · Oregon Supreme Court · Oct 22, 1930

Clearly the object of the present act is to relieve the host from liability for ordinary negligence. … Clearly this instruction should have been omitted unless some special circumstance required these precautionary remarks.

Esberg Cigar Co. v. City of Portland

43 L.R.A. 435 · Oregon Supreme Court · Jan 16, 1899

Rep. 842 , 24 Pac. 1036 ), and is very clearly stated by Folger, J., in Maximilian v. New York, 62 N. Y. 160, 164 ( 20 Am. … They would then be entitled to all the immunities of public officers charged with a duty which, from its nature, could not be executed without availing themselves of the services of others; and the doctrine of respondeat

Vander Veer v. Toyota Motor Distributors

282 Or. 135 · Oregon Supreme Court · Apr 18, 1978

However, "[w]hether a witness is qualified as an expert is entrusted to the trial court’s judgment * * *.” Weiss v. Northwest Accept. Corp., supra at 357. … The trial court did not abuse its discretion in determining McGrew to be qualified.

State Ex Rel. Hupp Motor Car Corp. v. Kanzler

129 Or. 85 · Oregon Supreme Court · Jan 16, 1929

of some portion of its business, or have an agency established therein for the purpose of soliciting some portion of its business to be transacted in this state or elsewhere, or have property in this state; and in the last … on business within the State of Oregon; that it does not now possess, nor has it ever possessed, property within this state; finally, that it has never qualified to do business in Oregon, nor has it maintained at any time

Brown v. SAIF Corp.

361 Or. 241 · Oregon Supreme Court · Mar 30, 2017

Ordinarily, we think of medical evidence as establishing medical conditions that result from events that occur, not as establishing a particu- lar sequence of events that happened on the job. … Finally, OTLA argues that two other statutes use the words “injury” and “condition” clearly to mean different things.

Lavitch v. Smith

224 Or. 498 · Oregon Supreme Court · Nov 9, 1960

The adoption of either test alone will exclude from the class of invitees some entrants who would qualify as invitees under the other test. … Clearly, one in the defendant’s position who welcomes an individual into her place of business and then, finding him seated in her office, acquiesces in his presence there and proceeds to do business with him makes him an

State v. Dameron

316 Or. 448 · Oregon Supreme Court · May 28, 1993

“Clearly they can if they do so reasonably, quietly, and peaceably.” Id. … “(b) An initiative law may be proposed only by a petition signed by a number of qualified voters equal to six percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was

Recall Bennett Committee v. Bennett

196 Or. 299 · Oregon Supreme Court · Oct 8, 1952

They would have been deprived of their clear right to choose between other candidates who were qualified. … We hold that the defendant Bennett is not qualified to become a candidate for election to the unexpired term of the office from which he was recalled.

In Re Frank Victor Patterson for Admission to the Bar

210 Or. 495 · Oregon Supreme Court · Jun 17, 1957

From established policy it tolerates no deviation and no debate. … As we have already indicated, the proof establishes that this is one of the ultimate aims of the Party.

Hammer v. Campbell Gas Burner Co.

74 Or. 126 · Oregon Supreme Court · Nov 24, 1914

Cum ningham, was duly and regularly elected trustee of said bankrupts, and thereafter duly qualified as such trustee in the manner provided by law, and ever since said date has been and now is the duly acting and qualified … Professor Pomeroy, in his work on Code Remedies (4 ed.), Section 637, says in part: “By the decisions which have been reviewed in the foregoing paragraphs, certain specific rules are clearly established for all the states

Lafferty v. Newbry

200 Or. 685 · Oregon Supreme Court · Mar 30, 1954

Section 110 of the same work reads thus: “ ‘The natural and appropriate office of a proviso to a statute, or to a section thereof, is to restrain or qualify the provisions immediately preceding it. … The matter thus tendered fails to qualify under the only statutory provision which authorizes any portrait cut.

State v. Director

113 Or. 74 · Oregon Supreme Court · Mar 11, 1924

It was clearly not rebuttal, and it had the effect of giving the state the last chance to testify in support of its case. In State v. … Rules 12, 4 and 6 will be read together, so that the reservation contained in the last sentence of Rule 12 will qualify Rule 4 to the same extent as it qualifies the first provision of Rule 12.

In Re Buelow's Estate

177 Or. 218 · Oregon Supreme Court · Sep 6, 1945

The executors failed to qualify as such, and an administrator with the will annexed was appointed. … It should be possible for the executor to cease to hold given property as such and to begin his administration of it as trust property, if the intent to bring about this effect is clearly indicated in any way." 3 Bogert,

Elwert v. Elwert

196 Or. 256 · Oregon Supreme Court · Oct 8, 1952

Residence is not enough, except as it is co-joined with intent, which determines whether its character is permanent or temporary; and clearly a mere intent cannot create a domicile * * The dominant factor in the change of … It is a fair inference that this situation alone may have caused him many anxious moments from whence arose the realization that marriage to his companion on the Pacific tour might afford immunity to a criminal prosecution

Realty Group, Inc. v. Department of Revenue

299 Or. 377 · Oregon Supreme Court · Jul 9, 1985

It wrote that “while an obvious attempt has been made to establish salespersons as independent contractors” by an “Independent Contractor Agreement” that purported to make salespersons “solely responsible for determining … Tax Co., 247 Or 404 , 430 P2d 998 (1967), concern employment status for purposes of liability for tort damages or workers’ compensation. 5 Oregon Laws 1983, chapter 597, section 6, codified as ORS 316.209, allows qualified

Guard Publishing Co. v. Lane County School District No. 4J

310 Or. 32 · Oregon Supreme Court · May 10, 1990

ORS 192.501(6) Clearly, there is no legislative policy against exempting some public records that describe a class of persons. … The agency's action in this case clearly complied with the requirements of the statute.