Case law

Bays v. Brown

160 Or. 594 · Oregon Supreme Court · Nov 29, 1938

Shortly he qualified this answer by testifying that in April, 1936, he stopped at the hotel “ for a few days ’ ’ while the above-mentioned action was on trial. … We are clearly satisfied that the plaintiffs’ judgment which was obtained before the institution of the present suit, together with the return of the writ of execution unsatisfied, afforded a sufficient foundation for this

Matter of Marriage of Menard

180 Or. App. 181 · Court of Appeals of Oregon · Mar 13, 2002

WIFE’S CLAIM TO A SHARE OF HUSBAND’S VSI The terms of the dissolution judgment, in context, clearly state that wife is entitled to 25 percent of husband’s VSI. … Because the dissolution judgment clearly entitles wife to a 25 percent portion of husband’s VSI, husband can prevail only by establishing that the court lacked authority to make that award.

Baisley v. Baisley

15 Or. 183 · Oregon Supreme Court · May 11, 1887

Ison, the regular qualified and acting judge of the Sixth Judicial District of the Circuit Court of the State of Oregon, then in session, and having on trial a criminal cause, with a jury impaneled, and a jury drawn from … the fact as claimed; besides, it clearly appears from the journal entry referred to that the court presided over by Judge Bird did not sit at the place designated by law, as provided by section 901 of the Civil Code, and

Rogers v. Lane County

307 Or. 534 · Oregon Supreme Court · Mar 21, 1989

Clearly, even the majority believes that the constitutional language will permit funds to be used for parking spaces at the side of a highway, street or road. … Even narrowly construing the authorizing language of Article IX, section 3a, I cannot see a principled justification or explanation for distinguishing between use of road tax funds for this purpose and their use for establishing

Whitlock v. State Industrial Accident Commission

233 Or. 166 · Oregon Supreme Court · Dec 31, 1962

The Wests, who the plaintiff alleges were his employers, owned an establishment located on the Mt. *168 Hood Loop Highway known as Summit. House. It is patronized by skiers. … The question presented by this appeal is whether the plaintiff qualifies as an employee under the Workmen’s Compensation Act and is thus entitled to benefits thereunder.

Bradshaw v. Commissioner Social Security Administration

District Court, D. Oregon · Apr 16, 2024

The listing gives several examples of immune deficiency disorders that would qualify under either category. Id. Plaintiff points to no “immune deficiency disorder” that he had. … Thus, Plaintiff failed to establish that he had an immune deficiency disorder as defined by Listing 14.00(E), so he did not trigger the ALJ’s duty to review whether his limitations met or equaled Listing 14.07.

Allen v. City of Portland

35 Or. 420 · Oregon Supreme Court · Oct 20, 1899

W. 14 ), it was held that if an allegation in the petition that the petitioners were freeholders residing within the town was not sufficient to show prima facie that they were qualified, “the fact that the supervisors, who … The distinction is clearly shown by reference to.the cases of People ex rel.v. Maher, 56 Hun, 81 ( 9 N. Y. Supp. 94 ), and City of Schenectady v. Union College, 66 Hun, 179 ( 21 N. Y.

Gorski v. Dept. of Rev.

20 Or. Tax 452 · Oregon Tax Court · May 23, 2012

However, the above quoted text clearly indicates that taxpayer was in the Tampa Bay area with a specific purpose in mind. … Taxpayer likewise did not establish a permanent place of abode in Florida.

State v. Forrest

213 Or. App. 151 · Court of Appeals of Oregon · May 30, 2007

We rejected that argument, observing, “Given the trial court’s detailed explanation of the seriousness of the charge and its recital of defense tasks for which an attorney is especially qualified, the court’s message *158 … The state concludes that our reasoning in Howard informs the issue in this case significantly because, “[b]y stating specific benefits of legal representation, the [waiver] form was also clearly telling the defendant that

Milwaukie Co. of Jehovah's Witnesses v. Mullen

214 Or. 281 · Oregon Supreme Court · Sep 17, 1958

They establish the minimum standards for the general welfare: “Section 2. Scope. … The mere fact that such a claim of immunity is asserted because of religious convictions is not sufficient to establish its constitutional validity.’ ” In the Baer case, 206 Or at 234 , we also held: “Incorporation of the

Judson v. Apprenticeship and Training Council

9 Or. App. 367 · Court of Appeals of Oregon · Mar 30, 1972

“(b) The possibility the provision might result in the diversion of needed qualified applicants for apprenticeship or training into unskilled or semi *372 skilled jobs for which, an adequate supply of labor already exists … We do not construe the words “may depart in some respects” as a blanket authority to disregard or overrule a clearly expressed legislative intent, whether that authority is granted to an administrative agency or, as here,

In Re Complaint as to the Conduct of Leisure

336 Or. 244 · Oregon Supreme Court · Dec 26, 2003

We first consider whether the Bar has established that the accused violated any or all of the disciplinary rules and statutes that the Bar has charged her with violating. … One might argue that the reference in the sentence to immediate suspension clearly is at odds with, and necessarily waives, any default period that ORS 9.200(1) provides.

Sharr v. Department of Transportation

247 F. Supp. 2d 1208 · District Court, D. Oregon · Mar 3, 2003

At the assessment center, applicants proceeded through a pre-established series of tests. … TSA, not NCS Pearson, established the qualification standards for the hiring of airport screeners. Maier Deck, ¶ 14.

Ladd v. Holmes

40 Or. 167 · Oregon Supreme Court · Nov 25, 1901

Every elector has the right to have his vote count for all it is worth, in proportion to the whole number of qualified electors desiring to exercise their privilege. … I, § 20, provides that “no law shall be passed granting to any citizen or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens. ’ ’ Mr.

Weiss v. Jackson County

9 Or. 470 · Oregon Supreme Court · Oct 15, 1881

Where a matter is clearly, or prima, facie, one of legal cognizance, a party must, in order to maintain an equitable action upon it, state facts sufficient to entitle him to equitable relief, and to show that a perfect remedy … Young, is supervisor within the jurisdiction of the county commissioners, or anything in respect to his being a duly qualified officer or otherwise, except that lie has the word “ supervisor ” following his name in the caption

O'HOLLAREN v. Marine Cooks & Stewards Union

83 Or. App. 133 · Court of Appeals of Oregon · Dec 17, 1986

” 28 Cath L Rev 445, 452 (1979): “In determining whether [a deferred compensation] arrangement constitutes an employee benefit plan for purposes of Title I, however, the most difficult questions arise when attempting to qualify … The Department of Labor has indicated clearly that the provision of pension benefits to an employee pursuant to an individual employment contract is not an employee pension benefit plan and, therefore, cannot constitute an

Kraft v. Estate of Cooper

263 Or. App. 420 · Court of Appeals of Oregon · Jun 11, 2014

Grant Place, as now laid out and established,’ and ‘thence, Easterly, along the north line of NE U.S. Grant Place.’ Clearly, the property, thus described, lies to the north of U.S. … Grant Place “as now laid out and established” clearly means the line of the street as “laid out and established” at the time of the transfer from Cooper to plaintiffs. Plaintiffs do not contend otherwise.

Townley v. Oregon Railroad

33 Or. 323 · Oregon Supreme Court · Aug 13, 1898

Timely objection was made to the introduction of this evidence on the ground that the witness had not shown himself qualified to give an opinion, and after its introduction the defendant moved to strike out for the same reason … As a general proposition, a judgment will not be reversed on account of the improper admission of testimony if the facts sought to be thus proved were clearly established by *330 other evidence, so that it can be seen that

Cook v. Michael

214 Or. 513 · Oregon Supreme Court · Oct 24, 1958

The requested instruction must clearly, concisely and accurately state the law in question. Severy v. Myrmo, 186 Or 611, 614 , 207 P2d 151 (1949). … In fact, the instructions given were qualified so as to suggest the possibility of an unsubstantial injury.

Stroeder v. Office of Medical Assistance Programs

178 Or. App. 374 · Court of Appeals of Oregon · Dec 19, 2001

The hearing officer also found that a preponderance of the evidence established as fact that there were no contraindications. … Stated another way, the qualifying diagnoses for a combined *385 heart-lung transplant are not simply the sum of the qualifying diagnoses for a heart transplant and those for a single or bilateral lung transplant.