Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 44
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, 1904 - Law reports, digests, etc
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action adverse possession AFFIRMED agent agreed agreement alleged amendment amount answer appeal application appropriation argument assessment authority bank brief building cause charge claim Comp complaint condition consideration constitution construction contract court creditors decree deed defendant defendant's delivered denied determine ditch duty easement effect entered entitled evidence executed exercise fact filed follows further given held intended interest issue Judge judgment jury JUSTICE land legislative limited lots matter ment mortgage necessary notice objection opinion oral Oregon original owner paid parties passenger payment performed person plaintiff Portland possession present prior proceedings purchase question railroad reason received record referred rendered respect road rule says secured shares statute street sufficient suit testimony therein thereof tion track tract train trial trust
Page 123 - Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people.
Page 121 - Legislature so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people...
Page 143 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 522 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 145 - ... a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
Page 121 - SEC. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner, that the electors shall vote for or against each of such amendments separately...
Page 122 - The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed.
Page 141 - But the courts tread upon very dangerous ground when they venture to apply the rules which distinguish directory and mandatory statutes to the provisions of a constitution. Constitutions do not usually undertake to prescribe mere rules of proceeding, except when such rules are looked upon as essential to the thing to be done; and they must then be regarded in the light of limitations upon the power to be exercised.
Page 522 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor...
Page 121 - Any amendment or amendments to this Constitution may be proposed in either branch of the General Assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments, shall with the yeas and nays thereon, be entered...