like rule (Oregon) · Go Syfert
← Oregon issues

like rule in Oregon

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.

Followed or applied (3)

CaseFollowedCited
Howsam v. Dean Witter Reynolds, Inc.green
scotus · 2002 · cited in 2 Oregon opinions naming this issue, 2011–2011
2 sentences

2011The 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).

22
Industra/Matrix Joint Venture v. Pope & Talbot, Inc.green
or · 2006 · cited in 2 Oregon opinions naming this issue, 2011–2011
2 sentences

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 ; 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 ))).

22
Holland v. Taylorgreen
ind · 1887 · cited in 1 Oregon opinions naming this issue, 1899–1899
2 sentences

1899See, 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.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (37)

CaseCitedYears
John Wiley & Sons, Inc. v. Livingston green
scotus · 1964
2 sentences

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.

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.

12006–2006
Moses H. Cone Memorial Hospital v. Mercury Construction Corp. green
scotus · 1983
1 sentence

2006Cone, 460 US at 25 .

12006–2006
United States v. Dennis Richard Hall green
ca2 · 1965
1 sentence

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 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.

11984–1984
United States v. Charles P. Bourassa green
ca10 · 1969
1 sentence

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 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.

11984–1984
Hall v. United States green
scotus · 1965
2 sentences

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 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.

11984–1984
Jarrett v. Britt green
scotus · 1969
2 sentences

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 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.

11984–1984
State v. Sack green
or · 1957
2 sentences

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).

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).

11969–1969
Whitaker Cable Corp. v. Federal Trade Commission green
scotus · 1957
1 sentence

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).

11969–1969
Mestice v. Borough of Neptune City neutral
scotus · 1957
1 sentence

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).

11969–1969
Sun Oil Co. v. State Mineral Board green
scotus · 1957
1 sentence

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).

11969–1969
Jones v. Hoss green
or · 1929
2 sentences

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).

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).

11960–1960
Sioux City Bridge Co. v. Dakota County green
scotus · 1923
2 sentences

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 .

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 .

11959–1959
McCluskey v. Sparks green
ariz · 1955
1 sentence

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 .

11959–1959
Township of Hillsborough v. Cromwell green
scotus · 1946
2 sentences

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 .

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 .

11959–1959
Birch v. County of Orange green
calctapp · 1927
1 sentence

1959It 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.

11959–1959
Kendall v. Travelers' Protective Ass'n green
ca9 · 1918
2 sentences

1926A 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 ).

11926–1926
Laurent v. Lanning green
or · 1897
2 sentences

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 ).

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 ).

11916–1916
Dimmick v. Rosenfeld green
or · 1898
2 sentences

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 ).

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 ).

11916–1916
Smith v. Farmers & Merchants Nat. Bank green
or · 1910
2 sentences

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 ).

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 ).

11916–1916
Gladstone Lumber Co. v. Kelly neutral
or · 1913
2 sentences

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.

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.

11916–1916
Hagler v. State neutral
neb · 1891
2 sentences

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.

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.

11905–1905
McCramer v. Thompson neutral
iowa · 1866
1 sentence

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.

11905–1905
State v. Craig green
iowa · 1882
2 sentences

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.

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.

11905–1905
Smith v. Kelly green
or · 1893
2 sentences

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.

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.

11903–1903
Coleman v. Supreme Lodge, Knights of Honor neutral
· 1885
1 sentence

1899And 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 .

11899–1899
Illingsworth v. Boston Electric Light Co. green
mass · 1894
1 sentence

1898A like principle was applied in Illingsworth v. Boston Electric Light Co., 161 Mass. 583 (25 L.

11898–1898
Crane v. School District Number Six green
mich · 1886
2 sentences

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

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

11898–1898
Davis v. . the Mayor, C., of New-York neutral
ny · 1856
11893–1893
The United States v. Barker green
scotus · 1817
11888–1888
Collier v. Powell neutral
ala · 1853
11888–1888
Paulk v. Cooke green
conn · 1873
11888–1888
White v. Heavner neutral
· 1874
11888–1888
Doe ex dem. Thornton v. Roe green
ga · 1869
11887–1887
Woodworth v. . Payne neutral
ny · 1878
11887–1887
Gadberry v. Sheppard neutral
miss · 1854
11887–1887
American Transportation Co. v. Moore green
· 1858
11887–1887
Risley v. McNiece neutral
ind · 1880
11887–1887

Statutes the citing opinions construe

USC § 9u.s.c.1 (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

CA 129 (1885–2026) NY 107 (1807–2024) AL 84 (1884–2023) MO 80 (1856–2018) TX 79 (1881–2025) WA 70 (1897–2025) IL 55 (1878–2023) IN 44 (1866–2023) PA 42 (1878–2015) IA 36 (1849–1997) NC 35 (1910–2018) MI 32 (1871–2023) FL 30 (1878–2026) MS 30 (1874–2023) CO 29 (1890–2013) VA 28 (1832–2004) NJ 26 (1843–2026) GA 26 (1891–2026) MA 25 (1868–2025) OH 22 (1856–2014) NE 21 (1881–2000) OR 20 (1887–2011) LA 19 (1913–2024) CT 17 (1840–2013) DE 17 (1888–2026) MN 16 (1898–2003) KY 16 (1926–2024) MD 16 (1885–2016) WI 16 (1908–2024) OK 15 (1907–1998) KS 14 (1889–2016) NM 13 (1939–2025) TN 12 (1885–1971) MT 12 (1897–2024) WY 11 (1924–2004) SC 11 (1936–2024) WV 10 (1926–2024) AZ 9 (1894–2020) ME 8 (1839–2021) HI 7 (1905–2022) RI 6 (1938–2001) ID 6 (1912–2009) AR 5 (1903–1959) NV 5 (1955–2017) SD 4 (1910–2011) UT 4 (1873–2002) PR 3 (1919–1932) DC 3 (1943–2010) VT 2 (1927–1929) NH 2 (1859–2014)

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.

← Caselaw search · G Cite Topics · Brief Check