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20 Oregon opinions name it 2 courts 1887–2011 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.
| Case | Followed | Cited |
|---|---|---|
Howsam v. Dean Witter Reynolds, Inc.green2 sentences2011The Court listed examples of procedural questions: “allegations of waiver, delay, or a like defense to arbitrability.” Id. (quotations and citation omitted). 2011The Court listed examples of procedural questions: "allegations of waiver, delay, or a like defense to arbitrability." Id. (quotations and citation omitted; emphasis in original). | 2 | 2 |
Industra/Matrix Joint Venture v. Pope & Talbot, Inc.green2 sentences2011Accordingly, the Court concluded that “the applicability of the NASD time limit rule is a matter presumptively for the arbitrator, not for the judge.” Id. at 85 ; see also Industra/Matrix Joint Venture, 341 Or at 336-37 (holding that, under the FAA, procedural questions are “ ‘presumptively not for the judge, but for an arbitrator, to decide’ ” (quoting Howsam, 537 US at 84 (emphasis in Howsam))). 2011Accordingly, the Court concluded that "the applicability of the NASD time limit rule is a matter presumptively for the arbitrator, not for the judge." Id. at 85 , 123 S.Ct. 588 ; see also Industra/Matrix Joint Venture, 341 Or. at 336-37 , 142 P.3d 1044 (holding that, under the FAA, procedural questions are "`presumptively not for the judge, but for an arbitrator, to decide'" (quoting Howsam, 537 U.S. at 84 , 123 S.Ct. 588 (emphasis in Howsam ))). | 2 | 2 |
Holland v. Taylorgreen2 sentences1899See, also, Holland v. Taylor, 111 Ind. 121 ( 12 N. E. 116 ); Harman v. Lewis (C. 1899See, also, Holland v. Taylor, 111 Ind. 121 ( 12 N. E. 116 ); Harman v. Lewis (C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
John Wiley & Sons, Inc. v. Livingston
green
2 sentences2006Those issues include “ ‘procedural’ questions which grow out of the dispute and bear on its final disposition,” John Wiley & Sons v. Livingston, 376 US 543, 557 , 84 S Ct 909 , 11 L Ed 2d 898 (1964), as well as “allegation [s] of waiver, delay, or a like defense to arbitrability,” Moses H. 2006Those issues include “ ‘procedural’ questions which grow out of the dispute and bear on its final disposition,” John Wiley & Sons v. Livingston, 376 US 543, 557 , 84 S Ct 909 , 11 L Ed 2d 898 (1964), as well as “allegation [s] of waiver, delay, or a like defense to arbitrability,” Moses H. | 1 | 2006–2006 |
Moses H. Cone Memorial Hospital v. Mercury Construction Corp.
green
1 sentence2006Cone, 460 US at 25 . | 1 | 2006–2006 |
United States v. Dennis Richard Hall
green
1 sentence1984The judge in Woodruff then cited two appellate decisions, in which he found that the court had rejected a like claim of privilege: United States v. Hall, 346 F.2d 875 (2d Cir.1965), cert. den., 382 U.S. 910 , 86 S.Ct. 250 , 15 L.Ed.2d 161 (1965), and United States v. Bourassa, 411 F.2d 69 (10th Cir.1969), cert. den., 396 U.S. 915 , 90 S.Ct. 235 , 24 L.Ed.2d 192 (1969), to which I shall turn my attention presently. | 1 | 1984–1984 |
United States v. Charles P. Bourassa
green
1 sentence1984The judge in Woodruff then cited two appellate decisions, in which he found that the court had rejected a like claim of privilege: United States v. Hall, 346 F.2d 875 (2d Cir.1965), cert. den., 382 U.S. 910 , 86 S.Ct. 250 , 15 L.Ed.2d 161 (1965), and United States v. Bourassa, 411 F.2d 69 (10th Cir.1969), cert. den., 396 U.S. 915 , 90 S.Ct. 235 , 24 L.Ed.2d 192 (1969), to which I shall turn my attention presently. | 1 | 1984–1984 |
Hall v. United States
green
2 sentences1984The judge in Woodruff then cited two appellate decisions, in which he found that the court had rejected a like claim of privilege: United States v. Hall, 346 F.2d 875 (2d Cir.1965), cert. den., 382 U.S. 910 , 86 S.Ct. 250 , 15 L.Ed.2d 161 (1965), and United States v. Bourassa, 411 F.2d 69 (10th Cir.1969), cert. den., 396 U.S. 915 , 90 S.Ct. 235 , 24 L.Ed.2d 192 (1969), to which I shall turn my attention presently. 1984The judge in Woodruff then cited two appellate decisions, in which he found that the court had rejected a like claim of privilege: United States v. Hall, 346 F2d 875 (2d Cir 1965), cert den, 382 US 910 , 86 S Ct 250 , 15 L Ed2d 161 (1965), and United States v. Bourassa, 411 F2d 69 (10th Cir 1969), cert den, 396 US 915 , 90 S Ct 235 , 24 L Ed2d 192 (1969), to which I shall turn my attention presently. | 1 | 1984–1984 |
Jarrett v. Britt
green
2 sentences1984The judge in Woodruff then cited two appellate decisions, in which he found that the court had rejected a like claim of privilege: United States v. Hall, 346 F.2d 875 (2d Cir.1965), cert. den., 382 U.S. 910 , 86 S.Ct. 250 , 15 L.Ed.2d 161 (1965), and United States v. Bourassa, 411 F.2d 69 (10th Cir.1969), cert. den., 396 U.S. 915 , 90 S.Ct. 235 , 24 L.Ed.2d 192 (1969), to which I shall turn my attention presently. 1984The judge in Woodruff then cited two appellate decisions, in which he found that the court had rejected a like claim of privilege: United States v. Hall, 346 F2d 875 (2d Cir 1965), cert den, 382 US 910 , 86 S Ct 250 , 15 L Ed2d 161 (1965), and United States v. Bourassa, 411 F2d 69 (10th Cir 1969), cert den, 396 US 915 , 90 S Ct 235 , 24 L Ed2d 192 (1969), to which I shall turn my attention presently. | 1 | 1984–1984 |
State v. Sack
green
2 sentences1969State v. Sack, 210 Or 552 , 300 P2d 427 (1956), cert den 353 US 962 , 77 S Ct 1048 , 1 L Ed 2d 912 (1957). 1969State v. Sack, 210 Or 552 , 300 P2d 427 (1956), cert den 353 US 962 , 77 S Ct 1048 , 1 L Ed 2d 912 (1957). | 1 | 1969–1969 |
Whitaker Cable Corp. v. Federal Trade Commission
green
1 sentence1969State v. Sack, 210 Or 552 , 300 P2d 427 (1956), cert den 353 US 962 , 77 S Ct 1048 , 1 L Ed 2d 912 (1957). | 1 | 1969–1969 |
Mestice v. Borough of Neptune City
neutral
1 sentence1969State v. Sack, 210 Or 552 , 300 P2d 427 (1956), cert den 353 US 962 , 77 S Ct 1048 , 1 L Ed 2d 912 (1957). | 1 | 1969–1969 |
Sun Oil Co. v. State Mineral Board
green
1 sentence1969State v. Sack, 210 Or 552 , 300 P2d 427 (1956), cert den 353 US 962 , 77 S Ct 1048 , 1 L Ed 2d 912 (1957). | 1 | 1969–1969 |
Jones v. Hoss
green
2 sentences1960See, in particular, page 171, where it is said: “It is quite generally considered that where the constitution lays down specific eligibility require *52 ments for a particular constitutional office, the constitutional specification in that regard is exclusive and the legislature (except where expressly authorized to do so) has no power to require additional or different qualifications for such constitutional office.” A like principle was applied by this court in Jones v. Hoss, 132 Or 175 , 285 P 205 (1930). 1960See, in particular, page 171, where it is said: “It is quite generally considered that where the constitution lays down specific eligibility require *52 ments for a particular constitutional office, the constitutional specification in that regard is exclusive and the legislature (except where expressly authorized to do so) has no power to require additional or different qualifications for such constitutional office.” A like principle was applied by this court in Jones v. Hoss, 132 Or 175 , 285 P 205 (1930). | 1 | 1960–1960 |
Sioux City Bridge Co. v. Dakota County
green
2 sentences1959We find no fault with the legal propositions asserted in McCluskey v. Sparks, 80 Ariz 15, 291 P2d 791 ; Sioux City Bridge Co. v. Dakota County, 260 US 441 , 67 L Ed 340 , 43 S Ct 190 , 28 ALR 979 ; Township of Hillsborough v. Cromwell, 326 US 620 , 90 L Ed 358 , 66 S Ct 445 . 1959We find no fault with the legal propositions asserted in McCluskey v. Sparks, 80 Ariz 15, 291 P2d 791 ; Sioux City Bridge Co. v. Dakota County, 260 US 441 , 67 L Ed 340 , 43 S Ct 190 , 28 ALR 979 ; Township of Hillsborough v. Cromwell, 326 US 620 , 90 L Ed 358 , 66 S Ct 445 . | 1 | 1959–1959 |
McCluskey v. Sparks
green
1 sentence1959We find no fault with the legal propositions asserted in McCluskey v. Sparks, 80 Ariz 15, 291 P2d 791 ; Sioux City Bridge Co. v. Dakota County, 260 US 441 , 67 L Ed 340 , 43 S Ct 190 , 28 ALR 979 ; Township of Hillsborough v. Cromwell, 326 US 620 , 90 L Ed 358 , 66 S Ct 445 . | 1 | 1959–1959 |
Township of Hillsborough v. Cromwell
green
2 sentences1959We find no fault with the legal propositions asserted in McCluskey v. Sparks, 80 Ariz 15, 291 P2d 791 ; Sioux City Bridge Co. v. Dakota County, 260 US 441 , 67 L Ed 340 , 43 S Ct 190 , 28 ALR 979 ; Township of Hillsborough v. Cromwell, 326 US 620 , 90 L Ed 358 , 66 S Ct 445 . 1959We find no fault with the legal propositions asserted in McCluskey v. Sparks, 80 Ariz 15, 291 P2d 791 ; Sioux City Bridge Co. v. Dakota County, 260 US 441 , 67 L Ed 340 , 43 S Ct 190 , 28 ALR 979 ; Township of Hillsborough v. Cromwell, 326 US 620 , 90 L Ed 358 , 66 S Ct 445 . | 1 | 1959–1959 |
Birch v. County of Orange
green
1 sentence1959It would be a rare case in which undervaluation in a few tracts could not be pointed out.” In Birch v. County of Orange, 88 Cal App 82, 262 P 788 at page 789, it was held that a like rule applied even though a few other properties were so much lower assessed as to show at least constructive fraud. | 1 | 1959–1959 |
Kendall v. Travelers' Protective Ass'n
green
2 sentences1926A like principle governs Kendall v. Travelers’ Protective Association, 87 Or. 179 ( 169 Pac. 751 ). 1926A like principle governs Kendall v. Travelers’ Protective Association, 87 Or. 179 ( 169 Pac. 751 ). | 1 | 1926–1926 |
Laurent v. Lanning
green
2 sentences1916When called upon in a proper case, courts of equity are always ready to protect the rights of those who hold such equities as against the judgment lien and to confine the latter to the actual interest of the judgment debtor.” A like doctrine is taught in Laurent v. Lanning, 32 Or. 11 ( 51 Pac. 80 ), Dimmick v. Rosenfeld, 34 Or. 101 ( 55 Pac. 100 ), and Smith v. Farmers & Merchants’ National Bank, 57 Or. 82 ( 110 Pac. 410 ). 1916When called upon in a proper case, courts of equity are always ready to protect the rights of those who hold such equities as against the judgment lien and to confine the latter to the actual interest of the judgment debtor.” A like doctrine is taught in Laurent v. Lanning, 32 Or. 11 ( 51 Pac. 80 ), Dimmick v. Rosenfeld, 34 Or. 101 ( 55 Pac. 100 ), and Smith v. Farmers & Merchants’ National Bank, 57 Or. 82 ( 110 Pac. 410 ). | 1 | 1916–1916 |
Dimmick v. Rosenfeld
green
2 sentences1916When called upon in a proper case, courts of equity are always ready to protect the rights of those who hold such equities as against the judgment lien and to confine the latter to the actual interest of the judgment debtor.” A like doctrine is taught in Laurent v. Lanning, 32 Or. 11 ( 51 Pac. 80 ), Dimmick v. Rosenfeld, 34 Or. 101 ( 55 Pac. 100 ), and Smith v. Farmers & Merchants’ National Bank, 57 Or. 82 ( 110 Pac. 410 ). 1916When called upon in a proper case, courts of equity are always ready to protect the rights of those who hold such equities as against the judgment lien and to confine the latter to the actual interest of the judgment debtor.” A like doctrine is taught in Laurent v. Lanning, 32 Or. 11 ( 51 Pac. 80 ), Dimmick v. Rosenfeld, 34 Or. 101 ( 55 Pac. 100 ), and Smith v. Farmers & Merchants’ National Bank, 57 Or. 82 ( 110 Pac. 410 ). | 1 | 1916–1916 |
Smith v. Farmers & Merchants Nat. Bank
green
2 sentences1916When called upon in a proper case, courts of equity are always ready to protect the rights of those who hold such equities as against the judgment lien and to confine the latter to the actual interest of the judgment debtor.” A like doctrine is taught in Laurent v. Lanning, 32 Or. 11 ( 51 Pac. 80 ), Dimmick v. Rosenfeld, 34 Or. 101 ( 55 Pac. 100 ), and Smith v. Farmers & Merchants’ National Bank, 57 Or. 82 ( 110 Pac. 410 ). 1916When called upon in a proper case, courts of equity are always ready to protect the rights of those who hold such equities as against the judgment lien and to confine the latter to the actual interest of the judgment debtor.” A like doctrine is taught in Laurent v. Lanning, 32 Or. 11 ( 51 Pac. 80 ), Dimmick v. Rosenfeld, 34 Or. 101 ( 55 Pac. 100 ), and Smith v. Farmers & Merchants’ National Bank, 57 Or. 82 ( 110 Pac. 410 ). | 1 | 1916–1916 |
Gladstone Lumber Co. v. Kelly
neutral
2 sentences1916The analogy is followed in Gladstone Lumber Co. v. Kelly, 64 Or. 163 ( 129 Pac. 763 ), where the argument is summed up with the statement that, “the judgment debtor having put nothing into the property, his creditors can take nothing out of it.” The creditor cannot reap where his debtor has not sown. 1916The analogy is followed in Gladstone Lumber Co. v. Kelly, 64 Or. 163 ( 129 Pac. 763 ), where the argument is summed up with the statement that, “the judgment debtor having put nothing into the property, his creditors can take nothing out of it.” The creditor cannot reap where his debtor has not sown. | 1 | 1916–1916 |
Hagler v. State
neutral
2 sentences1905Ed. 491 ), where the principal rule is announced and applied: "If the name of Joseph Cloud appeared as a co-surety on the face of this bond, the estoppel would not apply, for the reason that the incompleteness of the instrument would have been brought to the notice of the agent of the government, who would have been put on inquiry to ascertain why Cloud did not execute it, and the pursuit of this inquiry would have disclosed to him the exact condition of things.” Many cases announce a like principle: McCramer v. Thompson, 21 Iowa, 244 ; State v. Craig, 58 Iowa, 238 ( 12 N. W. 301 ); Hagler v. 1905Ed. 491 ), where the principal rule is announced and applied: "If the name of Joseph Cloud appeared as a co-surety on the face of this bond, the estoppel would not apply, for the reason that the incompleteness of the instrument would have been brought to the notice of the agent of the government, who would have been put on inquiry to ascertain why Cloud did not execute it, and the pursuit of this inquiry would have disclosed to him the exact condition of things.” Many cases announce a like principle: McCramer v. Thompson, 21 Iowa, 244 ; State v. Craig, 58 Iowa, 238 ( 12 N. W. 301 ); Hagler v. | 1 | 1905–1905 |
McCramer v. Thompson
neutral
1 sentence1905Ed. 491 ), where the principal rule is announced and applied: "If the name of Joseph Cloud appeared as a co-surety on the face of this bond, the estoppel would not apply, for the reason that the incompleteness of the instrument would have been brought to the notice of the agent of the government, who would have been put on inquiry to ascertain why Cloud did not execute it, and the pursuit of this inquiry would have disclosed to him the exact condition of things.” Many cases announce a like principle: McCramer v. Thompson, 21 Iowa, 244 ; State v. Craig, 58 Iowa, 238 ( 12 N. W. 301 ); Hagler v. | 1 | 1905–1905 |
State v. Craig
green
2 sentences1905Ed. 491 ), where the principal rule is announced and applied: "If the name of Joseph Cloud appeared as a co-surety on the face of this bond, the estoppel would not apply, for the reason that the incompleteness of the instrument would have been brought to the notice of the agent of the government, who would have been put on inquiry to ascertain why Cloud did not execute it, and the pursuit of this inquiry would have disclosed to him the exact condition of things.” Many cases announce a like principle: McCramer v. Thompson, 21 Iowa, 244 ; State v. Craig, 58 Iowa, 238 ( 12 N. W. 301 ); Hagler v. 1905Ed. 491 ), where the principal rule is announced and applied: "If the name of Joseph Cloud appeared as a co-surety on the face of this bond, the estoppel would not apply, for the reason that the incompleteness of the instrument would have been brought to the notice of the agent of the government, who would have been put on inquiry to ascertain why Cloud did not execute it, and the pursuit of this inquiry would have disclosed to him the exact condition of things.” Many cases announce a like principle: McCramer v. Thompson, 21 Iowa, 244 ; State v. Craig, 58 Iowa, 238 ( 12 N. W. 301 ); Hagler v. | 1 | 1905–1905 |
Smith v. Kelly
green
2 sentences1903It has been suggested, however, that the case of Smith v. Kelly, 24 Or. 464 ( 33 Pac. 642 ), and other authorities announcing a like principle, might afford a solution of the problem favorable to the appellants. 1903It has been suggested, however, that the case of Smith v. Kelly, 24 Or. 464 ( 33 Pac. 642 ), and other authorities announcing a like principle, might afford a solution of the problem favorable to the appellants. | 1 | 1903–1903 |
Coleman v. Supreme Lodge, Knights of Honor
neutral
1 sentence1899And again, under a like requirement, where a member, desiring to' change his beneficiary, gave a written notice thereof to the officers of the subordinate lodge, saying that he surrendered the former certificate, but did not do so, it was held that the original beneficiary was entitled to the fund, because the adoption of a particular method of changing a benefit certificate under the powers and within the limitations of the charter of the benevolent society is exclusive of all other methods : Coleman v. Supreme Lodge, 18 Mo. App. 189 . | 1 | 1899–1899 |
Illingsworth v. Boston Electric Light Co.
green
1 sentence1898A like principle was applied in Illingsworth v. Boston Electric Light Co., 161 Mass. 583 (25 L. | 1 | 1898–1898 |
Crane v. School District Number Six
green
2 sentences1898A like doctrine was held in Crane v. Bennington School Dist., 61 Mich. 299 ( 28 N. W. 105 ); and, as, the case bears much analogy to the one at bar, we may be pardoned if we quote somewhat at length from the opinion of the court, speaking through Morse, J., who says: ‘ ‘ When it was admitted without any dispute that the plaintiff taught under this contract for ten weeks, with the sanction and consent of the officers, and that orders were drawn by the proper officers for his pay as such teacher, and cashed by the assessor, who did not sign the contract, without any objection, it became entirely 1898A like doctrine was held in Crane v. Bennington School Dist., 61 Mich. 299 ( 28 N. W. 105 ); and, as, the case bears much analogy to the one at bar, we may be pardoned if we quote somewhat at length from the opinion of the court, speaking through Morse, J., who says: ‘ ‘ When it was admitted without any dispute that the plaintiff taught under this contract for ten weeks, with the sanction and consent of the officers, and that orders were drawn by the proper officers for his pay as such teacher, and cashed by the assessor, who did not sign the contract, without any objection, it became entirely | 1 | 1898–1898 |
| Davis v. . the Mayor, C., of New-York neutral | 1 | 1893–1893 |
| The United States v. Barker green | 1 | 1888–1888 |
| Collier v. Powell neutral | 1 | 1888–1888 |
| Paulk v. Cooke green | 1 | 1888–1888 |
| White v. Heavner neutral | 1 | 1888–1888 |
| Doe ex dem. Thornton v. Roe green | 1 | 1887–1887 |
| Woodworth v. . Payne neutral | 1 | 1887–1887 |
| Gadberry v. Sheppard neutral | 1 | 1887–1887 |
| American Transportation Co. v. Moore green | 1 | 1887–1887 |
| Risley v. McNiece neutral | 1 | 1887–1887 |
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.
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.