Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Τόμος 38 |
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Σελίδα 16
... JURY QUESTION . 3. In actions for malicious prosecution the jury must determine whether the defendant acted with malice , and any wrong and unlawful act done knowingly and purposely to the injury of the plaintiff is ma- licious : Gee v ...
... JURY QUESTION . 3. In actions for malicious prosecution the jury must determine whether the defendant acted with malice , and any wrong and unlawful act done knowingly and purposely to the injury of the plaintiff is ma- licious : Gee v ...
Σελίδα 18
... trial was had before a jury under the issue thus tendered , and , the judgment being favorable to the plaintiff , the defendants appeal . REVERSED . For appellants there was an oral argument by Mr. John 18 [ 38 Or . STAMPER V. RAYMOND .
... trial was had before a jury under the issue thus tendered , and , the judgment being favorable to the plaintiff , the defendants appeal . REVERSED . For appellants there was an oral argument by Mr. John 18 [ 38 Or . STAMPER V. RAYMOND .
Σελίδα 19
... jury . No authorities are needed on that proposition . One side of the case the court gave the instruc- tions asked by the defendants . Then he went to work and gave instructions diametrically opposite to those given at the instance of ...
... jury . No authorities are needed on that proposition . One side of the case the court gave the instruc- tions asked by the defendants . Then he went to work and gave instructions diametrically opposite to those given at the instance of ...
Σελίδα 21
... jury ( and he tries them remarkably well , too ) , and he cannot lay aside his habits in this regard , even when he comes into this court . To quote his favorite author , he is one of those men mentioned by Hudibras ' lines " Such as do ...
... jury ( and he tries them remarkably well , too ) , and he cannot lay aside his habits in this regard , even when he comes into this court . To quote his favorite author , he is one of those men mentioned by Hudibras ' lines " Such as do ...
Σελίδα 22
... jury to find malice from such facts alone . 3. The want of probable cause is a question of law for the court . Where the facts are admitted , it is the duty of the court to declare to the jury whether or not there is want of probable ...
... jury to find malice from such facts alone . 3. The want of probable cause is a question of law for the court . Where the facts are admitted , it is the duty of the court to declare to the jury whether or not there is want of probable ...
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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...