residuum rule in Oregon

5 Oregon opinions name it 2 courts 1972–2016 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

Case	Followed	Cited
No positive-treatment citations attached to this issue in Oregon.

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Reguero v. Teacher Standards & Practices Commission green or · 1991 2 sentences 2016The Supreme Court, however, rejected the residuum rule and affirmed the holding of this court “that hearsay evidence alone, even if inadmissible in a civil or criminal trial, is not incapable of being ‘substantial evidence’ under ORS 183.482(8)(c).” Id. at 417 . 1993The court, persuaded by the uniform rejection of the rule by leading scholars in the law of evidence and by the number of courts that have abandoned the rule after years of applying it, stated: “[W]e reject the residuum rule and affirm the Court of Appeals’ holding that hearsay evidence alone, even if inadmissible in a civil or criminal trial, is not incapable of being ‘substantial evidence’ * * 312 Or at 417 .	2	1993–2016
Matter of Carroll v. . Knickerbocker Ice Co. green ny · 1916 2 sentences 1991A. Residuum Rule The New York Court of Appeals created the residuum rule in Carroll v. Knickerbocker Ice Co., 218 NY 435 , 113 NE 507 (1916). 3 Davis, Administrative Law Treatise 239, § 16.6 (2d ed 1980). 1991A. Residuum Rule The New York Court of Appeals created the residuum rule in Carroll v. Knickerbocker Ice Co., 218 NY 435 , 113 NE 507 (1916). 3 Davis, Administrative Law Treatise 239, § 16.6 (2d ed 1980).	1	1991–1991
Laubach v. Industrial Indemnity Co. green or · 1979 2 sentences 1990The court said in Menges v. Bd. of 15 Comm., 290 Or. 251, 265 , 621 P.2d 562 (1980), however: "It is well established that at least when hearsay evidence is not objected to, as in this case, such evidence is `competent evidence sufficient to support a verdict in an action at law.' See Laubach v. Industrial Indemnity Co., 286 Or. 217, 222 , 593 P.2d 1146 (1979), and cases cited therein. 1990The court said in Menges v. Bd. of 15 Comm., 290 Or. 251, 265 , 621 P.2d 562 (1980), however: "It is well established that at least when hearsay evidence is not objected to, as in this case, such evidence is `competent evidence sufficient to support a verdict in an action at law.' See Laubach v. Industrial Indemnity Co., 286 Or. 217, 222 , 593 P.2d 1146 (1979), and cases cited therein.	1	1990–1990
Menges v. Board of County Commissioners green or · 1980 2 sentences 1990The court said in Menges v. Bd. of 15 Comm., 290 Or. 251, 265 , 621 P.2d 562 (1980), however: "It is well established that at least when hearsay evidence is not objected to, as in this case, such evidence is `competent evidence sufficient to support a verdict in an action at law.' See Laubach v. Industrial Indemnity Co., 286 Or. 217, 222 , 593 P.2d 1146 (1979), and cases cited therein. 1990The court said in Menges v. Bd. of 15 Comm., 290 Or. 251, 265 , 621 P.2d 562 (1980), however: "It is well established that at least when hearsay evidence is not objected to, as in this case, such evidence is `competent evidence sufficient to support a verdict in an action at law.' See Laubach v. Industrial Indemnity Co., 286 Or. 217, 222 , 593 P.2d 1146 (1979), and cases cited therein.	1	1990–1990
Grimes v. Grimes neutral or · 1965 2 sentences 1972Grimes v. Grimes, 242 Or 158, 408 P2d 731 (1965); cf. 24 Op Atty Gen 18, 19 (Or 1948-50). 1972Grimes v. Grimes, 242 Or 158, 408 P2d 731 (1965); cf. 24 Op Atty Gen 18, 19 (Or 1948-50).	1	1972–1972
In Re Shepherd's Estate green or · 1935 2 sentences 1972Grimes v. Grimes, supra. In re Shepherd’s Estate, 152 Or 15 , 41 P2d 444 , 49 P2d 448 (1935), is not inconsistent with this holding since there the court found that the gift in lieu of dower was the residuum clause, and the expenses of the estate were to be paid before the remainder was to go to the wife in lieu of her dower. 1972Grimes v. Grimes, supra. In re Shepherd’s Estate, 152 Or 15 , 41 P2d 444 , 49 P2d 448 (1935), is not inconsistent with this holding since there the court found that the gift in lieu of dower was the residuum clause, and the expenses of the estate were to be paid before the remainder was to go to the wife in lieu of her dower.	1	1972–1972

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 183.450 (4) OR § Or. Rev. Stat. § 183.482 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 23 (1976–2025) UT 15 (1987–2020) OR 5 (1972–2016) KY 3 (2011–2020) LA 3 (2012–2020) PA 2 (1981–1988) NM 2 (1980–1993) DC 2 (1984–1987) AL 2 (1876–1906) FL 2 (1965–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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