has recognized exception (Oregon) · Go Syfert
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has recognized exception in Oregon

10 Oregon opinions name it 3 courts 1937–2021 1 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 (4)

CaseFollowedCited
STATE EX REL. JUV. DEPT. v. Fitchgreen
orctapp · 2004 · cited in 1 Oregon opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Fitch, 192 Or App at 62 n 3 (“An exception to [the rule that the date the defendant is taken into custody controls] exists for circumstances in which the state intentionally delays prosecution to avoid juvenile court jurisdiction.”); Pike, 177 Or App at 153 n 2 (“When the state intentionally delays prosecution to avoid juvenile court jurisdiction, the court has recognized an exception!.]”).

11
State v. Paulsongreen
or · 1992 · cited in 1 Oregon opinions naming this issue, 1996–1996
2 sentences

1996See State v. Paulson, 313 Or 346, 353 , 833 P2d 1278 (1992) (describing doctrine of inevitable discovery: when police inevitably would have discovered the same evidence lawfully irrespective of an unlawful search or seizure, suppression is not necessarily required).

1996See State v. Paulson, 313 Or 346, 353 , 833 P2d 1278 (1992) (describing doctrine of inevitable discovery: when police inevitably would have discovered the same evidence lawfully irrespective of an unlawful search or seizure, suppression is not necessarily required).

11
Hanscom v. Irwingreen
or · 1949 · cited in 1 Oregon opinions naming this issue, 1972–1972
2 sentences

1972See Hanscom v. Irwin, 186 Or. 541, 558-559 , 208 P.2d 330, 337 (1949).

1972See Hanscom v. Irwin, 186 Or. 541, 558-559 , 208 P.2d 330, 337 (1949).

11
Keadle v. Paddengreen
or · 1933 · cited in 1 Oregon opinions naming this issue, 1937–1937
2 sentences

1937In Witness Whereof, the employe has hereunto set his hand, and the • Pacific Indemnity Company has caused this instrument to be executed by its duly authorized representative, both on this 30th day of April, 1934, at Portland, Oregon.” The authorities are in conflict as to the effect of such an agreement as the one above set out; but this court has recognized the rule which construes such an agreement as a covenant not to sue: Keadle v. Padden, 143 Or. 350, 362 ( 20 P. (2d) 403 , 22 P. (2d) 892 ).

1937In Witness Whereof, the employe has hereunto set his hand, and the • Pacific Indemnity Company has caused this instrument to be executed by its duly authorized representative, both on this 30th day of April, 1934, at Portland, Oregon.” The authorities are in conflict as to the effect of such an agreement as the one above set out; but this court has recognized the rule which construes such an agreement as a covenant not to sue: Keadle v. Padden, 143 Or. 350, 362 ( 20 P. (2d) 403 , 22 P. (2d) 892 ).

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 (9)

CaseCitedYears
State v. Lambert neutral
orctapp · 2009
2 sentences

2021In Perez-Rodriguez, the petitioner argued that “his mental illness and intellectual disability prevented him from knowing that he had a claim for post-conviction relief 4 Although this court has recognized a rule of construction that “use of the same word or phrase throughout the statute demonstrates that the word [or phrase] has the same meaning throughout the statute,” State v. Lambert, 227 Or App 614, 618 , 206 P3d 1065 (2009), “such rules of interpretation are mere assump- tions that always give way to more direct evidence of legislative intent,” Brown v. SAIF Corp., 361 Or 241, 260 , 391

2021In Perez-Rodriguez, the petitioner argued that “his mental illness and intellectual disability prevented him from knowing that he had a claim for post-conviction relief 4 Although this court has recognized a rule of construction that “use of the same word or phrase throughout the statute demonstrates that the word [or phrase] has the same meaning throughout the statute,” State v. Lambert, 227 Or App 614, 618 , 206 P3d 1065 (2009), “such rules of interpretation are mere assump- tions that always give way to more direct evidence of legislative intent,” Brown v. SAIF Corp., 361 Or 241, 260 , 391

12021–2021
Brown v. SAIF Corp. green
or · 2017
2 sentences

2021In Perez-Rodriguez, the petitioner argued that “his mental illness and intellectual disability prevented him from knowing that he had a claim for post-conviction relief 4 Although this court has recognized a rule of construction that “use of the same word or phrase throughout the statute demonstrates that the word [or phrase] has the same meaning throughout the statute,” State v. Lambert, 227 Or App 614, 618 , 206 P3d 1065 (2009), “such rules of interpretation are mere assump- tions that always give way to more direct evidence of legislative intent,” Brown v. SAIF Corp., 361 Or 241, 260 , 391

2021In Perez-Rodriguez, the petitioner argued that “his mental illness and intellectual disability prevented him from knowing that he had a claim for post-conviction relief 4 Although this court has recognized a rule of construction that “use of the same word or phrase throughout the statute demonstrates that the word [or phrase] has the same meaning throughout the statute,” State v. Lambert, 227 Or App 614, 618 , 206 P3d 1065 (2009), “such rules of interpretation are mere assump- tions that always give way to more direct evidence of legislative intent,” Brown v. SAIF Corp., 361 Or 241, 260 , 391

12021–2021
State v. Pike green
orctapp · 2001
1 sentence

2005See, e.g., Fitch, 192 Or App at 62 n 3 (“An exception to [the rule that the date the defendant is taken into custody controls] exists for circumstances in which the state intentionally delays prosecution to avoid juvenile court jurisdiction.”); Pike, 177 Or App at 153 n 2 (“When the state intentionally delays prosecution to avoid juvenile court jurisdiction, the court has recognized an exception!.]”).

12005–2005
State v. Scurlock green
or · 1979
1 sentence

2001Scurlock, 286 Or at 281-82 .

12001–2001
State v. Goltz green
orctapp · 2000
2 sentences

2001State v. Goltz, 169 Or App 619, 624 , 10 P3d 955 (2000), rev den 331 Or 583 (2001). 2 When the state intentionally delays prosecution to avoid juvenile court jurisdiction, the court has recognized an exception to this rule.

2001State v. Goltz, 169 Or App 619, 624 , 10 P3d 955 (2000), rev den 331 Or 583 (2001). 2 When the state intentionally delays prosecution to avoid juvenile court jurisdiction, the court has recognized an exception to this rule.

12001–2001
Ross v. Robinson green
or · 1942
2 sentences

1984Ross v. Robinson, 169 Or 293, 319 , 124 P2d 918 , 128 P2d 956 (1942).

1984Ross v. Robinson, 169 Or 293, 319 , 124 P2d 918 , 128 P2d 956 (1942).

11984–1984
Hicklin v. Anders green
or · 1954
2 sentences

1969We stated: “The authorities are in conflict as to the effect of such an agreement as the *452 one above set out; bnt this court has recognized the rule which construes such an agreement as a covenant not to sue.” Our latest decision on this issue is Hicklin v. Anders, 201 Or 128 , 253 P2d 897 , 269 P2d 521 (1954).

1969We stated: “The authorities are in conflict as to the effect of such an agreement as the *452 one above set out; bnt this court has recognized the rule which construes such an agreement as a covenant not to sue.” Our latest decision on this issue is Hicklin v. Anders, 201 Or 128 , 253 P2d 897 , 269 P2d 521 (1954).

11969–1969
Lundeen v. State Tax Commission neutral
ortc · 1964
1 sentence

1965This court has recognized the principle of the Knappton Towboat Co. case in Lundeen v. Commission, 2 OTR 13 (1964).

11965–1965
Phez Co. v. Salem Fruit Union green
or · 1921
1 sentence

1958In Phez Co. v. Salem Fruit Union, 103 Or 514 , 201 *361 P 222, 205 P 970 , the plaintiff company sued the defendant union and certain growers of loganberries to enforce performance of a contract by which the Prnit Union agreed to deliver the crop of the growers to the plaintiff.

11958–1958

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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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