Case law

Bohlman v. Coffin

4 Or. 313 · Oregon Supreme Court · Jan 15, 1873

He acts under oath and is presumed to be qualified to discharge his office conscientiously, and it cannot be presumed that the copy he has returned is not a true copy. … No equitable doctrine is better established than that laid down by Lord Chancellor Hardwicke in Le Neve v. Le Neve (2 Ldg.

Salter v. Salter, Adm.

209 Or. 536 · Oregon Supreme Court · Feb 27, 1957

On 24 March 1952 the contestant was appointed administrator and he qualified as such. … The presumption in this case is supported by evidence and is firmly established by the decisions of this court. Flanders v.

Ochoco Construction, Inc. v. Department of Land Conservation & Development

295 Or. 422 · Oregon Supreme Court · Jul 26, 1983

The *433 definition of “person,” as quoted above, clearly contemplates a governmental agency, such as the Department, petitioning LUBA for review of a quasi-judicial decision. … Although three alternative means of qualifying for LUBA review are available to the “person” who appeared before the quasi-judicial decision-maker, the Department here chose to allege before LUBA that it was both “adversely

Williams v. Barbee

165 Or. 260 · Oregon Supreme Court · Sep 12, 1940

We think, however, that the proofs clearly establish that the land was not in the actual possession of the defendant, Spiess, or of any one else, and, hence, that the court had jurisdiction to proceed. … entitled to the aid of a court of equity on well-established principles.”

State v. Shumate

262 Or. App. 109 · Court of Appeals of Oregon · Apr 2, 2014

enter a general judgment of conviction and sentence that generally reflects the terms described in the 1987 sentencing order, (2) whether defendant properly could appeal that judgment, and (3) if so, whether defendant has established … The DOC declined to do so, asserting that it could not “act on the order and transcript in Clackamas County case no. 86-945” and would “require a new sentencing judgment that clearly imposes the 30-year sentence for attempted

Weinstein v. Watson, Assessor

184 Or. 508 · Oregon Supreme Court · Oct 20, 1948

We are impressed with the contention that there-. by a well established administrative practice is shown to the effect that this provision of “the statute merely provides the mechanics for assessing and collecting taxes”, … The legislative interpretation thereof, as expressed in the titles of the amendatory acts, clearly indicates that the original section relates to exemptions of property!

Oregon-Columbia Chapter AGC v. ODOT (S071452)

373 Or. 405 · Oregon Supreme Court · Apr 10, 2025

The stated purpose of that CWA was to provide “additional terms and conditions for certain ODOT public improvement projects that qualify as ‘Covered Projects’ ” as defined in the CWA. … “Most public contracts, for example, are exempt from rulemaking procedures [under ORS 183.335(10)], even if they contain terms that otherwise qualify as ‘rules.’ ” Homestyle Direct, LLC v.

Tenny & McKenzie v. Mulvaney & Bemis

9 Or. 405 · Oregon Supreme Court · Oct 15, 1881

But whatever distinctions should properly be made as to the respective meanings of the words used in this instance, we think it was clearly competent to show by the witness that the logs in controversy were of the quality … produced at the trial, and had testified that the measurements were correctly made, and truly entered in the “• scale-book,” and had shown by their testimony at the trial sufficient recollection of the previous transaction to qualify

Strandholm v. General Construction Co.

235 Or. 145 · Oregon Supreme Court · Jun 12, 1963

Plaintiff’s evidence could be said to establish that the use of a cotter key to secure the pin was inadequate and negligent. … My attention was momentarily diverted and I did not clearly understand the remark of the juror, but it was evidently clearly understood by the other jurors.

Love v. Walker

59 Or. 95 · Oregon Supreme Court · Apr 25, 1911

The date appointed for final distribution establishes for the contingency of his dying without issue a boundary beyond which it can have no effect. … The only answer is: To those at that time qualified under the will. If Green C.

State v. Manzella

306 Or. 303 · Oregon Supreme Court · Jul 26, 1988

A majority of the Court of Appeals, sitting in banc, found sufficient evidence to establish that element. … The sole question remaining is whether any of this *315 defendant’s declarations qualify as “admissions” rather than “confessions.”

GAC v. State Ex Rel. Juv. Dept.

219 Or. App. 1 · Court of Appeals of Oregon · Mar 26, 2008

Mother also testified that "I don't think I'm qualified any more to help [V] with all the psychological issues that she has." … See, e.g., ORS 30.936 (defining claim for physical injury, for immunity purposes, with reference to ORS 161.015).

Wied v. Marion County

275 Or. 711 · Oregon Supreme Court · Aug 5, 1976

This language clearly contemplates an appeal by the employer in certain circumstances. … Although the Commission may be well qualified to pass upon matters entrusted to its authority, the courts are sing *720 ularly equipped to interpret the law to determine what that authority is.

Bogh v. Lumbattis

203 Or. 298 · Oregon Supreme Court · Feb 16, 1955

cited has been somewhat extended by condoning certain instances of a mother’s marital indiscretions in order to secure to the child the benefit of maternal care and affection when it otherwise appeared that the mother was qualified … Gibson, supra, we said at page 217: “In endeavoring to do what is best for the child, it is clearly our duty to take into consideration the suitability of each parent for the grave responsibility which it seeks.

Young v. State

161 Or. App. 32 · Court of Appeals of Oregon · Jun 2, 1999

Because the qualifying phrase “as defined in ORS 243.650” directly follows the term “public employer” and is not set off by commas, it must, under the last antecedent rule, modify only that term. State v. … In other words, PGE instructs that the legislative power includes the authority to write a seemingly absurd law, so long as the intent to do that is stated clearly. PGE, 317 Or at 610-12 .

First National Bank v. Malady

242 Or. 353 · Oregon Supreme Court · Jan 12, 1966

The evidence in this respect was clearly for the jury. 4. … upon the defendant to establish his lien upon the premises, Clark v.

Hiatt v. Department of Revenue, Tc-Md 101271d (or.tax 6-15-2011)

Oregon Tax Court · Jun 15, 2011

Plaintiff must establish his claim "by a preponderance of the evidence, or the more convincing or greater weight of evidence." Schaefer v. Dept. of Rev. , TC No 4530, WL 914208 at *2 (July 12, 2001) (citing Feves v. … Defendant submitted receipts for items that clearly were personal and would not be allowable charitable donations.

Bowles v. Bronson

63 F. Supp. 189 · District Court, D. Oregon · May 17, 1945

Some recent cases take the jump from grand juries and their long established right of inquisition to the limitless right of inquiry claimed by at least one agency, “with the greatest of ease.” … Walling, 10 Cir., 147 F.2d 658, 660 [1] (1945) dealing with the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.: “ * * * [the language of the Act] clearly envisages a judicial act, and in the classical words of Judge

Valley & Siletz Railroad v. Thomas

151 Or. 80 · Oregon Supreme Court · Jan 18, 1935

And upon that question the complainant has the burden of proof and the court may not interfere with the exercise of the state’s authority unless confiscation is clearly established.” … Ct. 316 ), it is said: “This court does not sit as a board of revision with power to revieAv the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities.

Oregon Stamp Society v. State Tax Commission

1 Or. Tax 190 · Oregon Tax Court · Feb 21, 1963

NATURE OF EXEMPT CHARACTER The determination of the nature of the exempt character necessary to qualify for exemption requires interpretation of the broad language of the statute. … Rules of Interpretation The basic rules for such interpretation are established. Exemption statutes are to be strictly construed against the exemption.