Case law

Morrow v. Warner Valley Stock Co.

56 Or. 312 · Oregon Supreme Court · Apr 13, 1909

The principal effort of counsel for plaintiffs, in the trial of the case in the court below, appears to have been *322 directed mainly to establish that the land in question was not swamp and overflowed land, and was not … The record shows clearly that plaintiff Morrow resided continuously on his homestead from the time of his entry on January 15, 1889, until he made his final proof on June 3, 1895, a period of more than six years, during which

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

Hewitt v. State Accident Insurance Fund Corp.

294 Or. 33 · Oregon Supreme Court · Nov 16, 1982

Article I, section 20, states: "No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not belong to all citizens." … The court specifically noted that "[s]ince no party has presented the issue of extension versus nullification for review, we would be inclined to consider it only if the power to order extension were clearly beyond the constitutional

State v. Elkins

245 Or. 279 · Oregon Supreme Court · Dec 28, 1966

The piece of graph paper containing the coded message was introduced in evidence, not for the purpose of establishing his alienage and deporting him, but to establish his conspiracy to commit espionage. … Chinn, 231 Or 259 , 373 P2d 392 , since the narcotics were such as would qualify for the statement cited by the majority, that “the things seized must be things which would have been subject to the law’s demand upon a proper

In Re Idleman's Commitment

146 Or. 13 · Oregon Supreme Court · Sep 14, 1933

. * * * It hereby is made a matter of record that the maximum amount of $20 herein established is less than the actual total average cost per capita for care and maintenance of inmates at the Oregon state institutions for … We are clearly satisfied that the subject-matter of this act is within the scope of the legislative power.

State v. Hernandez-Esteban

374 Or. 300 · Oregon Supreme Court · Sep 25, 2025

Defendant established a case-specific theory of substan- tial prejudice, supported by the record. … Defendant’s argument fit comfortably into the theories that we identified in Delaney, 370 Or at 575, and clearly articulated how and why the jury would likely base its decision on either emotion or impermissible inferences

State v. Akins

373 Or. 476 · Oregon Supreme Court · Apr 17, 2025

First, the legislative history clearly shows how the term “declarant” came to be in OEC 803(18a)(b). … Second, the legislative his- tory clearly conveys the purpose of the provision.

In re Complaint as to the Conduct of Trammell

301 Or. 57 · Oregon Supreme Court · Apr 29, 1986

In attorney discipline cases, the Bar bears the burden of establishing each element of an ethics violation by clear and convincing evidence. … He relied on a single magazine article and his own intuition to establish his fee.

Anderson v. Smith-Powers Logging Co.

71 Or. 276 · Oregon Supreme Court · Mar 17, 1914

. *278 The complaint alleges, also, on or about the-day of March, 1908, the Smith-Powers Logging Company, Coos County, and the County Court of Coos County, State of Oregon, through its duly elected qualified members, against … This public use must be clearly a *288 needful one for the public, one which cannot be given up without obvious general loss and inconvenience.” In Alfred Phosphate Co. v. Duck River P. Co., 120 Tenn. 274 ( 113 S.

Elam v. Soares

282 Or. 93 · Oregon Supreme Court · Apr 18, 1978

that the record of the previous statements made by defendant in a telephone interview, if offered as substantive evidence to prove the truth of such statements, was hearsay evidence and therefore not admissible unless it qualified … As stated by Wigmore, however (at 559): "There is, then not only no sound reason for establishing such a penal rule, but it is itself open to abuse, and merely adds to the sportsmen’s rules elsewhere noticeable in the common-law

Luscher v. Reynolds

153 Or. 625 · Oregon Supreme Court · Mar 3, 1936

Clearly, under the Federal test for the determination of the navigability of streams, this small inland lake, which is only one mile long and one-eighth mile wide, can not be regarded as a navigable body of water in the sense … "While we have held that Blue lake is not a navigable body of water in the sense that title to the bed thereof would pass to the state upon admission to the Union, it is navigable in a qualified or limited sense.

Oregon Physicians' Service v. State Tax Commission

220 Or. 487 · Oregon Supreme Court · Mar 2, 1960

Gagne is clearly correct both from the standpoint of legislative history and elementary gram *495 mar. … For while it is now clearly established that a charity may carry on some commercial business without losing its exemption, Trinidad v.

Bundy v. NuStar GP, LLC

Oregon Supreme Court · Dec 29, 2017

’s motion to amend his complaint to allege those claims after concluding that the claims are barred by the so-called “exclusive remedy” provision of the Workers’ Compensation Law, ORS 656.018, a provision that generally immunizes … Once an insurer determines that “the claim qualifies for claim closure,” the insurer must issue “an updated notice of acceptance that specifies which 292 Bundy v.

Bundy v. NuStar GP, LLC

Oregon Supreme Court · Dec 29, 2017

’s motion to amend his complaint to allege those claims after concluding that the claims are barred by the so-called “exclusive remedy” provision of the Workers’ Compensation Law, ORS 656.018, a provision that generally immunizes … Once an insurer determines that “the claim qualifies for claim closure,” the insurer must issue “an updated notice of acceptance that specifies which 292 Bundy v.

State v. Casey

108 Or. 386 · Oregon Supreme Court · Mar 20, 1923

Craddock, a well-known pistol expert, qualified as such, and testified at the trial. … His guilt was clearly proved by competent evidence. He is a man of mature years. His crime shows extreme depravity.

State v. Ching Ling

16 Or. 419 · Oregon Supreme Court · Jul 2, 1888

This clearly Avas error. … The qualifying language in that instruction, “ or aided, assisted, or abetted in killing the deceased as charged in the indictment,” would, in my opinion, render it in the abstract erroneous.

School District No. 1 v. School District No. 45

148 Or. 554 · Oregon Supreme Court · Nov 8, 1934

Clearly, habeas corpus is not available where *565 the controlling question of fact, though disputed, has been decided adversely to the relator’s contention by a tribunal having jurisdiction to decide it. State v. … There it was held that the failure of the board of supervisors to designate the location of the schoolhouse was a jurisdictional defect that was fatal to the validity of the establishment of the district.

Baker County v. Benson

40 Or. 207 · Oregon Supreme Court · Dec 2, 1901

It will be conceded, we think, by disinterested persons, that such a construction of local and special statutes should be avoided, unless the constitution clearly and in unmistakable terms commands that such acts should be … I, § 21), is, in our opinion, neither a grant nor a limitation of power, but qualifies the preceding clause, and excepts therefrom the particular acts enumerated in the qualifying clause, which the legislative assembly, in

Corvallis & Eastern R. Co. v. Benson

61 Or. 359 · Oregon Supreme Court · Feb 20, 1912

. *369 Within the meaning of the definitions of the term “provide,” as noted above, this was clearly germane to the title of the act. … all rights, reserved under the said acts and nothing therein contained and no failure to comply with any of the provisions thereof shall be construed to have worked a forfeiture of any of the grants, rights, privileges or immunities

State v. Ortiz

372 Or. 658 · Oregon Supreme Court · Aug 8, 2024

That testimony, the court concluded, was “scien- tific” evidence that required an additional foundational showing to establish its scientific validity. … Other scholars have reached similar conclusions: “Daubert clearly establishes that trial judges must eval- uate expert scientific testimony ‘at the outset,’ and that their analysis should focus on whether the