Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 98 |
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acre affirmed agreed agreement alleged amendment appeal approved Aramburn attorney August 20 averred brief brook camp cause of action Circuit Court cited Clackamas County claim complaint Constitution contract Coos County County Court covenant damages decree deed defendant defendant's demurrer denied District effect entitled error evidence execution fact fendant filed grant Grants Pass held Holbrook camp homicide Ignacio impeaching issued Judge judgment jurisdiction jury Justice Klamath Falls lease lessee Loren Luger pistol McKendree ment mortgage motion Multnomah County November 21 Ochoco October opinion oral argument Oregon owner Paddock paid parties payment petition plaintiff pleading Portland possession premises prosecution purchase question railroad company reason record rehearing rule Santiago says Section sheep statute suit Table Land Ditch testified testimony thereof tiff Tillamook County tion trial court Twohy Bros United verdict warranty deed wife witness Zante
Popular passages
Page 334 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 464 - A husband cannot be examined for or against his wife, without her consent, nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; 2.
Page 522 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing;, except in the following cases: "1.
Page 333 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 63 - A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with...
Page 502 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Page 372 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 333 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 24 - And provided further, That the lands granted by the act aforesaid shall be sold to actual settlers only, in quantities not greater than one-quarter section to one purchaser, and for a price not exceeding two dollars and fifty cents per acre.
Page 487 - Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.