Case law

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

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.

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.

Columbia River Egg Farm v. Department of Revenue

12 Or. Tax 418 · Oregon Tax Court · Apr 30, 1993

The evidence established that the confinement systems in some instances are bolted to the floor and in all instances are connected to the buildings with pipes, conveyors and wires. … There the washing system utilizes a water softener system and a boiler which are clearly affixed to and are part of the real property.

United States v. Mitchell

136 F. 896 · U.S. Circuit Court for the District of Oregon · Apr 25, 1905

Section 1268 provides that, before accepting a person drawn as a grand juror, the court must be satisfied that such person is duly qualified to act as such juror, but that, when drawn and found qualified, he must be accepted … It has existed in this court since its organization, with the establishment of the state government, without objection until the present time.

Monical v. Nofziger

District Court, D. Oregon · Sep 30, 2021

immunity from damages. … Thus, the court need not address defendants’ qualified immunity defense. See Monro v. Kelly, No. 6:17-CV-01650-SB, 2019 WL 7197605, at *5 (D. Or.

Deneff v. Helms

42 Or. 161 · Oregon Supreme Court · Oct 27, 1902

A delivery to an agent is clearly but a delivery to his principal, and the agent’s possession is that of the principal to do with the property as the latter may direct. … Such a gift is not contrary to public policy, and will be upheld when established: Ellis v. Secor, 31 Mich. 185 ( 18 Am. Rep. 178 ).

Galaxy Gaming of Oregon, LLC v. Burdick

556 F. Supp. 2d 1180 · District Court, D. Oregon · Mar 13, 2008

The Tribal Gaming Commission considering the licensing application then makes an independent determination whether the vendor qualifies to do business with the tribe. … Where the regulations establishing entitlement to the benefit are mandatory in nature, and not discretionary, applicants have a property interest protectible under the Due Process Clause.

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.

Maney v. Brown

District Court, D. Oregon · Sep 5, 2024

“But that general rule does not apply when the summary judgment motion is based on a claim of qualified immunity, because pretrial orders denying qualified immunity generally fall within the collateral order doctrine.” … Schoen is clearly an expert in ventilation and HVAC.

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.

Harris v. Burr

39 L.R.A. 768 · Oregon Supreme Court · Feb 14, 1898

These authorities illustrate quite clearly the defendants’ position. … In 1855 qualified voters at school meetings were defined to be “ all taxable persons residing in the district of the age of 21 years, and who have resided therein for the period of three months next preceding the time of

Walker v. Portland Public School No. 1J

District Court, D. Oregon · Apr 27, 2023

are not entitled to qualified immunity. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v.

Marriage of Settle

276 Or. 759 · Oregon Supreme Court · Nov 26, 1976

Having decided that the Oregon court qualifies to exercise jurisdiction under the provisions of ORS 109.840(1), we must next turn to ORS 109.780(2) (Section 8(b) of the Uniform Act) to see if the court also is qualified to … Father is unable to find the children until after mother and children have established a residence of long duration in another state; 4.

Bank of British Columbia v. Page

6 Or. 431 · Oregon Supreme Court · Dec 15, 1877

The intention of the legislature must be ascertained by the established rules of construction of statutes. … Any state may exclude foreign corporations *434 altogether, or it may qualify its consent that they may transact business within its limits by imposing such terms and conditions as its legislature. may deem proper.

State v. Threet

294 Or. 1 · Oregon Supreme Court · Nov 16, 1982

Each of these proceedings is a separate judicial proceeding with clearly defined parties. We believe that separateness is a necessary attribute of a “special statutory proceeding.” … In all of these cases the proceedings were separate from other judicial proceedings and thus qualified as “special statutory proceedings.” *6 A case where we held that an appeal would not lie under ORS 19.010(4) is instructive

Industra/Matrix Joint Venture v. Pope & Talbot, Inc.

200 Or. App. 248 · Court of Appeals of Oregon · Jun 15, 2005

Thus, the initial clause establishes a broad range of arbitra-ble disputes. … It is undisputed that the contracts at issue in this case qualify.

Vester v. DIAMOND LUMBER COMPANY

21 Or. App. 587 · Court of Appeals of Oregon · Jun 2, 1975

The evidence, including claimant’s own testimony, indicates that he is qualified by intelligence, aptitude and physical capability to perform light work in several fields, including refrigeration repair, welding, and operation … State Compensation Dept., 3 Or App 38 , 471 P2d 826 (1970), such, according to the medical testimony, is clearly not established here.

State Ex Rel. Sajo v. Paulus

297 Or. 464 · Oregon Supreme Court · Aug 29, 1984

Qualified voters Article IV, section 1(2)(b) requires petitions to be signed by "qualified voters." … But this eligibility to vote on election day may not necessarily be a sufficient condition for signing a petition, because article IV, section 1(4)(a) clearly contemplates that eligibility as a "qualified voter" can be verified

American Can Co. v. Oregon Liquor Control Commission

15 Or. App. 618 · Court of Appeals of Oregon · Dec 17, 1973

In addition, plaintiffs presented evidence of the activities of various civic organizations designed to alleviate the litter and solid waste problems, and the establishment in various places around the nation of resource … Co., supra, 393 US at 136 and 138-39, quoted above is clearly applicable.