announced the following doctrine (Oregon) · Go Syfert
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announced the following doctrine in Oregon

9 Oregon opinions name it 3 courts 1923–2025 3 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 (2)

CaseFollowedCited
Twentieth Century-Fox Film Corp. v. Department of Revenuegreen
or · 1985 · cited in 3 Oregon opinions naming this issue, 2024–2025
2 sentences

2025The court announced the following test: “[I]n the context of UDITPA, reasonableness has at least three components: (1) the division of income fairly represents business activity and if applied uniformly would result in taxation of no more or no less than 100 percent of taxpayer’s income; (2) the division of income does not create or foster lack of uniformity among UDITPA jurisdictions; and (3) the division of income reflects the economic reality of the business activity engaged in by the taxpayer in Oregon.” Id. at 233-34 (emphasis in original).

2025The court announced the following test: “[I]n the context of UDITPA, reasonableness has at least three components: (1) the division of income fairly represents business activity and if applied uniformly would result in taxation of no more or no less than 100 percent of taxpayer’s income; (2) the division of income does not create or foster lack of uniformity among UDITPA jurisdictions; and (3) the division of income reflects the economic reality of the business activity engaged in by the taxpayer in Oregon.” Id. at 233-34 (emphasis in original).

23
Apprendi v. New Jerseygreen
scotus · 2000 · cited in 1 Oregon opinions naming this issue, 2002–2002
2 sentences

2002The Court announced the following rule of law: " Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. " Id. at 490 , 120 S.Ct. 2348 (emphasis added).

2002The Court announced the following rule of law: " Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. " Id. at 490 , 120 S.Ct. 2348 (emphasis added).

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 (16)

CaseCitedYears
American Federation of State County & Municipal Employees, Council 75, Local 2043 v. City of Lebanon green
or · 2017
1 sentence

2017Cite as 360 Or 809 (2017) 829 In Heinz, the Court addressed a similar claim by an employer that it could not be held responsible for the unfair labor practices of several supervisors, because the employer had not authorized or ratified those employees’ conduct.

12017–2017
McDonald v. Cruzen neutral
or · 1868
1 sentence

1955In the early Oregon Case of McDonald v. Cruzen, 2 Or 259, 260 , this court announced the following rule: “Upon appeal from a judgment upon demurrer below, it is the general rule that judgment of affirmance here is final; but this court will hold a discretionary control in cases where cause is alleged for re-hearing, or for further proceedings below.” In Williams v. Pacific Surety Co., 66 Or 151, 158 , 127 P 145 ; 131 P 1021 ; 132 P 959 ; 133 P 1186 , tMs court again considered and applied the above rule.

11955–1955
Williams v. Pacific Surety Co. green
or · 1912
2 sentences

1955In the early Oregon Case of McDonald v. Cruzen, 2 Or 259, 260 , this court announced the following rule: “Upon appeal from a judgment upon demurrer below, it is the general rule that judgment of affirmance here is final; but this court will hold a discretionary control in cases where cause is alleged for re-hearing, or for further proceedings below.” In Williams v. Pacific Surety Co., 66 Or 151, 158 , 127 P 145 ; 131 P 1021 ; 132 P 959 ; 133 P 1186 , tMs court again considered and applied the above rule.

1955In the early Oregon Case of McDonald v. Cruzen, 2 Or 259, 260 , this court announced the following rule: “Upon appeal from a judgment upon demurrer below, it is the general rule that judgment of affirmance here is final; but this court will hold a discretionary control in cases where cause is alleged for re-hearing, or for further proceedings below.” In Williams v. Pacific Surety Co., 66 Or 151, 158 , 127 P 145 ; 131 P 1021 ; 132 P 959 ; 133 P 1186 , tMs court again considered and applied the above rule.

11955–1955
School Dist. No. 1 v. Astoria Const. Co. neutral
or · 1920
1 sentence

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
White v. White green
or · 1920
1 sentence

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
Hawley v. Hawley green
or · 1921
2 sentences

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
Carmichael v. Carmichael green
or · 1923
2 sentences

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
Thomsen v. Thomsen green
or · 1929
2 sentences

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
Billion v. Billion neutral
or · 1928
2 sentences

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
Hill v. Hill neutral
or · 1928
2 sentences

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

1930In view of this fact, we note the case of White v. White, 100 Or. 387 ( 190 P. 969 , 197 P. 1080 ), where this court announced the following doctrine: “A decree of divorce should not be granted when the parties have mutually contributed to the conditions complained of (local citation).” Another interesting case bearing upon this subject is the case of Thomsen v. Thomsen, 128 Or. 622 ( 275 P. 673 ), where it is written: “In Carmichael v. Carmichael, 106 Or. 198 ( 211 P. 916 ), this court said: ‘The doctrine of recrimination is an application of the wholesome maxim in equity that he who comes in

11930–1930
Winn v. Taylor green
· 1920
2 sentences

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

11924–1924
Swank v. Swank green
or · 1900
2 sentences

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

11924–1924
Durning v. Walz. green
· 1903
2 sentences

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

11924–1924
Cobb v. Peters neutral
or · 1913
2 sentences

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

1924“Mr. Haney: For causes mentioned in the contract.” This court announced the following doctrine in Turning v. Walz, 42 Or. 109 (Syl. 2) ( 71 Pac. 662 ): “Where a case has been tried on a certain theory, with the acquiescence of the parties, it must be so continued on appeal, and the Supreme Court will not permit a change of position in that tribunal.” To like effect see Swank v. Swank, 37 Or. 439 ( 61 Pac. 846 ); Cobb v. Peters, 68 Or. 14 ( 136 Pac. 656 ); Winn v. Taylor, 98 Or. 556 ( 190 Pac. 342 , 194 Pac. 857 ).

11924–1924
Southern Oregon Co. v. Port of Bandon neutral
or · 1919
2 sentences

1923In State ex rel. v. Port of Bay City, 64 Or. 139 ( 129 Pac. 496 ), this court announced the following rule: “The finding of the County Court that the port had been duly and legally organized and incorporated and the entry of this finding in the journal, was a final adjudication of every fact necessary under the law to constitute a valid corporation, including the location of its boundaries, and the matter sought to be litigated here is res adjudicata.” This rule was followed in Southern Oregon Co. v. Port of Bandon, 91 Or. 308 ( 178 Pac. 215 ).

1923In State ex rel. v. Port of Bay City, 64 Or. 139 ( 129 Pac. 496 ), this court announced the following rule: “The finding of the County Court that the port had been duly and legally organized and incorporated and the entry of this finding in the journal, was a final adjudication of every fact necessary under the law to constitute a valid corporation, including the location of its boundaries, and the matter sought to be litigated here is res adjudicata.” This rule was followed in Southern Oregon Co. v. Port of Bandon, 91 Or. 308 ( 178 Pac. 215 ).

11923–1923
State v. Port of Bay City green
or · 1913
2 sentences

1923In State ex rel. v. Port of Bay City, 64 Or. 139 ( 129 Pac. 496 ), this court announced the following rule: “The finding of the County Court that the port had been duly and legally organized and incorporated and the entry of this finding in the journal, was a final adjudication of every fact necessary under the law to constitute a valid corporation, including the location of its boundaries, and the matter sought to be litigated here is res adjudicata.” This rule was followed in Southern Oregon Co. v. Port of Bandon, 91 Or. 308 ( 178 Pac. 215 ).

1923In State ex rel. v. Port of Bay City, 64 Or. 139 ( 129 Pac. 496 ), this court announced the following rule: “The finding of the County Court that the port had been duly and legally organized and incorporated and the entry of this finding in the journal, was a final adjudication of every fact necessary under the law to constitute a valid corporation, including the location of its boundaries, and the matter sought to be litigated here is res adjudicata.” This rule was followed in Southern Oregon Co. v. Port of Bandon, 91 Or. 308 ( 178 Pac. 215 ).

11923–1923

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 305.270 (3) OR § Or. Rev. Stat. § 314.280 (3) OR § Or. Rev. Stat. § 314.605 (3) OR § Or. Rev. Stat. § 314.615 (3) OR § Or. Rev. Stat. § 314.625 (3) OR § Or. Rev. Stat. § 314.665 (3) OR § Or. Rev. Stat. § 314.667 (3) OR § Or. Rev. Stat. § 317.010 (3) OR § Or. Rev. Stat. § 317.061 (3) OR § Or. Rev. Stat. § 317.070 (3) OR § Or. Rev. Stat. § 317.705 (3) OR § Or. Rev. Stat. § 317.710 (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

OK 74 (1916–1965) OR 9 (1923–2025) NE 7 (1906–1998) ID 6 (1930–1996) MS 5 (1928–1987) LA 5 (1928–1990) WA 4 (1962–1989) TX 4 (1940–1992) SC 3 (1957–1959) CA 3 (1934–2018) AL 2 (1924–1984) KS 2 (1923–1983) UT 2 (1948–1991) HI 2 (1983–2005) TN 2 (1921–1990) FL 2 (1993–2001) MN 2 (2003–2005) IL 2 (1930–1938) NY 2 (1937–2017)

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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