Reports of Cases Decided in the Supreme Court of the State of Oregon, Band 1
Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Robert Graves Morrow, Frank A. Turner, Bellinger, Charles Byron
West Publishing Company, 1862
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action admitted affirmed alleged allowed amended amount answer appears applicable attachment authority bill bond brought cause charge Circuit Court claim clerk commissioners common complaint Congress contract decision deed Defendant in Error determined District Court dollars donation duty effect election entitled established evidence exceptions execution existing fact ferry filed four give given ground held hold indictment intended interest issue judge judgment jury justice land libellant license lien lots matter means ment motion necessary notice objection Oregon owner paid Panama party passed person pilot plaintiff in error pleadings Portland possession present proceedings provides question reason received record residence reversed rule says statute sufficient suit Supreme Court taken term territory thing tion town trial United unless verdict votes witness writ
Seite 252 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Seite 245 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Seite 368 - CD, of , of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey unto the said party of the second part...
Seite 176 - ... at any time within six years next before the commencement of the suit," and to this answer the plaintiff demurs.
Seite 192 - That either or both may (if they see fit) punish such an offender, cannot be doubted. Yet it cannot be truly averred that the offender has been twice punished for the same offense; but only that by one act he has committed two offenses, for each of which he is justly punishable. He could not plead the punishment by one in bar to a conviction by the other; consequently, this court has decided, in the case of Fox v.
Seite 302 - new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries.
Seite 304 - It was very justly observed by a great judge : that 'all questions upon the rules of evidence are of vast importance to all orders and degrees of men; our lives, our liberty, and our property are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered from their antiquity and the good sense in which they are founded.
Seite 196 - ... to be done, shall be computed by excluding the first day and including the last; and if the last be Sunday, it shall be excluded.
Seite 30 - That if any person shall sell, exchange, or give, barter, or dispose of, any spirituous liquor or wine to an Indian, (in the Indian country,) such person shall forfeit and pay the sum of five hundred dollars...