Reports of Cases Decided in the Supreme Court of the State of Oregon, Τόμος 38
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, Robert Graves Morrow, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron
West Publishing Company, 1901
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action AFFIRMED agreement alleged amount answer appeal argument assessment assignment association attached authority Bank bridge brief building cause cent charge cited City claim Company complaint condition constitute construction contract corporation County court creditor debt decree deed defendant delivered duty effect entitled equity error established evidence execution facts filed follows furnished further give given held Hill's Ann husband improvement instruction intended interest issue Judge judgment jury JUSTICE knowledge land levied lien loan manner matter ment mortgage necessary notice objection opinion oral Oregon owner paid parties payment person plaintiff Portland possession premises present proper purchaser question railroad reason received record reference refused rendered respect road rule says secure statute street sufficient suit testimony thereof tion trial witness
Σελίδα 470 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Σελίδα 170 - That court looks beyond the terms of the instrument to the real transaction ; and when that is shown to be one of security, and not of sale, it will give effect to the actual contract of the parties.
Σελίδα 93 - In all cases, to warrant a recovery, it must appear there has been some direct physical disturbance of a right, either public or private, which the plaintiff enjoys in connection with his property and which gives to it an additional value, and that by reason of such disturbance he has sustained a special damage with respect to his property in excess of that sustained by the public generally.
Σελίδα 92 - But acts done In the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision. They do not entitle the owner of such property to compensation from the state or Its agents, or give him any right of action. This is supported by an immense weight of authority.
Σελίδα 419 - We say substantial excess because exact equality of taxation is not always attainable, and for that reason the excess of cost over special benefits, unless it be of a material character, ought not to be regarded by a court of equity when its aid is invoked to restrain the enforcement of a special assessment.
Σελίδα 282 - P.— 19 matter of the suit, under the maxim that he who comes into a court of equity must come with clean hands.
Σελίδα 597 - Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.
Σελίδα 23 - the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.
Σελίδα 465 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...