Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 85)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918. Excerpt: ... is dependent upon the dissolution of the marriage, or the declaration that it is void; no alimony can be granted unless the marriage is dissolved or annulled, and even then the recovery must be from the party in fault. (Hengen v. Hengen, 155.) Divorce--Grounds--Incompatibility of Temper. 6. Incompatibility of temper is not ground for divorce under the laws of Oregon. (Hengen v. Hengen, 155.) Divorce--Grounds--Statute. 7. Divorce can be granted only for reasons specified in Section 507, L. O. L. (Leefield v. Leefield, 287.) DUE INFLUENCE. See Contracts, 3. EASEMENTS. Easements--Sidewalk--Establishment by User. 1. Where the use of a sidewalk was permissive in its origin, it could not become adverse without some unequivocal assertion of the rights of the public inconsistent with the title of the record owner. (City of Clatskanie v. McDonald, 670.) ELECTION. Requiring Election Between Defenses, When Harmless. See Appeal and Error, 24. Election Between Defenses. See Pleading, 5, 6. ELECTIONS. Elections--Primary Election--Nature--Primary Elections. 1. Under the direct provisions of Section 3350, L. O. L., a primary election affords electors opportunity to express their choice of one or more candidates for an office to be voted for at an ensuing election. (Betluino v. Punk, 246.) Elections--General Election. 2. A general election is one that regularly recurs in each election precinct of the state on a day designated by law for the selection of officers, or is held in such entire territory pursuant to an enactment specifying a single day for the ratification or rejection of one or more measures submitted to the people by the legislative assembly, and not for the election of any officer. (Bethune v. Funk, 246.) Elections--General Election--What Constitutes. 3....