Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Τόμος 38 |
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Σελίδα 16
... cause , and that it has terminated . MALICIOUS PROSECUTION - - PROBABLE CAUSE . 2. In determining whether the prosecution was instituted with prob- able cause it is the duty of the court to declare to the jury that the exist- ence of ...
... cause , and that it has terminated . MALICIOUS PROSECUTION - - PROBABLE CAUSE . 2. In determining whether the prosecution was instituted with prob- able cause it is the duty of the court to declare to the jury that the exist- ence of ...
Σελίδα 17
... CAUSE . 8. The discharge of an accused person on his preliminary examination by a committing magistrate is prima facie evidence of want of probable cause for causing the arrest . From Umatilla : STEPHEN A. LOWELL , Judge . This is an ...
... CAUSE . 8. The discharge of an accused person on his preliminary examination by a committing magistrate is prima facie evidence of want of probable cause for causing the arrest . From Umatilla : STEPHEN A. LOWELL , Judge . This is an ...
Σελίδα 18
... cause , instituted criminal proceedings against him before M. A. Ferguson , a justice of the peace for Adams District , in the County of Umatilla , Oregon , whereby they charged him with having on August 21 , 1899 , com- mitted the ...
... cause , instituted criminal proceedings against him before M. A. Ferguson , a justice of the peace for Adams District , in the County of Umatilla , Oregon , whereby they charged him with having on August 21 , 1899 , com- mitted the ...
Σελίδα 20
... cause : Hidy v . Murray , 101 Iowa , 65 ( 69 N. W. 1138 ) ; 14 Am . & Eng . Enc . Law ( 1 ed . ) , pp . 19-20 ... causes before a jury ( and he tries them remarkably well , 20 [ 38 Or . STAMPER V. RAYMOND .
... cause : Hidy v . Murray , 101 Iowa , 65 ( 69 N. W. 1138 ) ; 14 Am . & Eng . Enc . Law ( 1 ed . ) , pp . 19-20 ... causes before a jury ( and he tries them remarkably well , 20 [ 38 Or . STAMPER V. RAYMOND .
Σελίδα 21
... cause . These are two essential and distinct ingredients , without the concurrence of which it cannot be maintained . The prosecution may have been without prob- able cause , but , if set in operation without malice , there can be no ...
... cause . These are two essential and distinct ingredients , without the concurrence of which it cannot be maintained . The prosecution may have been without prob- able cause , but , if set in operation without malice , there can be no ...
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action AFFIRMED agreement alleged amount answer appeal assessment association attached attorney authority Bank bridge cause cent cited City of Portland claim complaint constitute construction contract corporation court court of equity creditor debt decree deed defendant defendant's delivered entitled equity evidence execution facts fendant filed foreclose foreclosure furnished garnishee grade held highway Hill's Ann husband interest Jackson County judgment jurisdiction jury land levied lien Linn County loan lodge Loewenberg ment Minn mortgage Multnomah County negligence notice opinion oral argument Oregon owner paid parties payment person plaintiff pleadings Port of Portland possession premises premium promissory note purchaser purpose question railroad real property reason refused rule secure Sing & Company statute street sufficient sugar beets suit surety testimony thereof thereto tion trial usury Willamette River writ Yee Sing
Δημοφιλή αποσπάσματα
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 615 - The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county...
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...