Small v. Lutz, 41 Or. 570, approved, 372. Smith v. Bayer, 46 Or. 143, approved, 408. Smith v. Day, 39 Or. 531, applied, 332. Smith v. Farra, 21 Or. 395, applied, 60, 111, 531. Snider v. Lehnherr, 5 Or. 385, cited, 454. Solomon v. Bushnell, 11 Or. 277, cited, 189. South Port. Land Co. v. Munger, 36 Or. 457, approved, 70. Spaur v. McBee, 19 Or. 76, approved, 70. Stager v. Troy Laundry Co. 38 Or. 480, approved, 544. State v. Armstrong, 43 Or. 207, cited, 348; distinguished, 489. State v. Baker County, 24 Or. 141, cited, 36. State v. Belding, 43 Or. 95, approved, 261, 266. State v. Benjamin, 2 Or. 125, applied, 332. State v. Bergman, 6 Or. 341, cited, 440. State v. Brown, 7 Or. 186, approved, 253. State v. Brown, 28 Or. 147, distinguished, 485, 490. State v. Carver, 22 Or. 602, cited, 32. State v. Dilley, 15 Or. 70, followed, 628. State v. Dodson, 4 Or. 64, approved, 253, 628. State v. Douglas County Road Co. 10 Or. 198, cited, 257. State v. Gaunt, 13 Or. 115, approved, 439. State v. Gibson, 43 Or. 184, cited, 32. State v. Gray, 43 Or. 446, approved, 31. State v. Hansen, 25 Or. 391, approved, 345. State v. Hawkins, 18 Or. 476, approved, 29. State v. Ingram, 23 Or. 434, cited, 489. State v. Kelly, 28 Or. 225, cited, 489. State v. Lawrence, 12 Or. 297, cited, 252. State v. Lee Yan Yan, 10 Or. 365, approved, 253. State v. Magers, 36 Or. 38, cited, 166. State v. Magone, 33 Or. 570, approved, 142. State v. Marple, 15 Or. 205, applied, 15. State v. McDaniel, 39 Or. 161, cited, 42, 221, 489. State v. Morse, 35 Or. 462, distinguished, 485, 490. State v. O'Donnell, 36 Or. 222, applied, 42. State v. Tucker, 36 Or. 291, followed, 252. State v. Vowels, 4 Or. 324, approved, 439, 440. State v. Warren, 41 Or. 349, cited, 43. State v. Wintzingerode, 9 Or. 153, approved, 628. State v. Zorn, 22 Or. 591, applied, 344. State ex rel. v. Gutridge, 46 Or. 215, cited, 286. State ex rel. v. Lord, 28 Or. 498, cited. 257. State ex rel. v. Metschan, 32 Or. 373, cited in footnote, 178. Stingle v. Nevel, 9 Or. 62, approved, 372. Stinson v. Hardy, 27 Or. 584, approved, 316. Stone v. Oregon City Mfg. Co. 4 Or. 52, cited 300, 301. Stout v. Yamhill County, 31 Or. 314, approved, 280, 532. Strickland v. Geide, 31 Or. 374, applied, 332. Stringham v. Mutual Life Ins. Co. 44 Or. 447, approved, 322. Tenny v. Mulvaney, 8 Or. 129, approved, 45. Thompson v. Connell, 31 Or. 231, cited, 307. Thornton v. Krimbel, 28 Or. 271, followed, 58 (cited in footnote, 57). Velten v. Carmack, 23 Or. 282, cited, 70. Warren v. Crosby, 24 Or. 558, applied, 331. Watson v. Dundee Mtg. Co. 12 Or. 474, cited, 591. Weaver v. Southern Or. Co. 30 Or. 348, approved, 139. West Shore Mills Co. v. Edwards, 24 Or. 475, approved, 310. White v. Holman, 44 Or. 180, cited, 340. Whiteaker v. Vanschoiack, 5 Or. 113, distinguished, 374, 395. Wild v. Oregon Short Line Ry. Co. 21 Or. 159, approved, 544. Wilkes v. Cornelius, 21 Or. 348, applied, 236. Williams v. Culver, 39 Or. 337, cited, 27. Wimer v. Smith, 22 Or. 469, cited, 156. Winter v. Norton; 1 Or. 43, applied, 332. Winters v. George, 21 Or. 251, applied, 332. Witham v. Osburn, 4 Or. 318, approved, 248. Wong v. Astoria, 13 Or. 538, cited, 442. Wormington v. Pierce, 22 Or. 606, distinguished, 77. Wright v. Ramp, 41 Or. 285, cited, 187. Wright v. Young, 6 Or. 87, cited, 241. OREGON CONSTITUTION. Same as CONSTITUTION OF OREGON. OREGON STATUTES. Same as STATUTES OF OREGON. OTHER CRIMES. Showing Other Offenses When Not Incidental. See CRIM. LAW, 2. Description of Overflowed Land Not Swamp. See PUBLIC LANDS, 4. Construction of License to Maintain a Dam. See WATERS, 10. PARENT AND CHILD. AVOIDING DEED FOR FRAUD RELATIONSHIP OF PARTIES. A deed from a parent to a child is not void merely because of the PAROL AGREEMENT. Powers v. Powers, 479. Enforcement of After Part Performance. See p. 590. PAROL EVIDENCE To Vary Indorsement on Note. See BILLS & NOTES, 10. See SHERIFFS & CONSTABLES, 1, 2. See EVIDENCE, 15. Of Oral Agreement Collateral to Writing. PARTIES. IDORSEE AS REAL PARTY IN INTEREST. 1. An indorsee of a negotiable note for collection is the real party in WAIVER OF OBJECTION OF DEFECT OF PARTIES. 2. An objection because of defect of parties must be made at the first PARTNERSHIP. See, also, MINES, 1. INDORSEMENT OF PAPER PAYABLE TO FIRM NAME. Negotiable paper drawn to a firm name, or a business name, may be PART PERFORMANCE. Gardner v. Wiley, 96. Effect of Part Performance of Oral Contract. See p. 590. PASSENGERS. Rights at Station Before and After Train Time-Duty of Carrier to PAUPERS. Power to Compel Support of by Relatives. See COUNTIES, 4. PAYMENTS. COMPETENT EVIDENCE OF RATIFICATION. Where plaintiff testified that he wrote defendant a letter, which was PERSONAL INJURIES. See CARRIERS, and MASTER & SERVANT. PHOTOGRAPHS as Evidence. See EVIDENCE, 20. PHRASES. Same as WORDS & PHRASES. PHYSICIANS AND SURGEONS. SCOPE OF CROSS-EXAMINATION. 1. In an action against a physician for injuries to plaintiff, owing to MALPRACTICE TESTING KNOWLEDGE OF WITNESS. 2. An expert witness having testified to some general surgical propo- INSTRUCTION AS TO DEGREE OF SKILL REQUIRED OF SPECIALISTS. 3. The court instructed that a physician or surgeon making a specialty INSTRUCTION-REPEATING QUALIFYING EXPRESSIONS. 4. For instance, where, in an action for malpractice of surgery, the MALPRACTICE NEGLIGENCE OF PATIENT. 5. In an action for malpractice of surgery, where the defendant is INSTRUCTIONS AS TO CARE BY PATIENT. 6. In an action for injuries to plaintiff owing to the negligence of Fees of as Element of Damages. See DAMAGES, 1. PLATFORMS. Right to Exercise in Dark-Risk of Injury. PLEADING. ALLEGATIONS AND PROOFS MUST CORRESPOND. See CARRIERS, 7. See CARRIERS, 2-4. 1. The allegations of a pleading cannot be abandoned on a trial and was a judgment fraudulently confessed by plaintiff as defendant's attorney, PLEADING SEPARATE CAUSES OF ACTION. 2. Separate rights of action must always be separately stated, while COMPLAINT INFERENCE OF RISK ASSUMED. 3. In an action by a servant for personal injuries, a complaint showing PLEADING CONCLUSIONS. 4. Where a matter is collateral to the essential act involved, it is DENYING MATTER OF INDUCEMENT. 5. Matters of inducement in a pleading are not material, and need not EFFECT OF DENYING MATTER NOT ALLEGED. 6. A denial of a statement not pleaded does not raise an issue, and no EFFECT OF DENYING ADMITTED ALLEGATIONS, Brown v. Feldwert, 363. AMENDING PLEADINGS AFTER REVERSAL IS DISCRETIONARY. 8. Under B. & C. Comp. $102, providing that the court, at any time AMENDMENTS ARE DISCRETIONARY. 9. An application for leave to amend a pleading is addressed to the MOTION TO COMPEL ELECTION. 10. A motion to require a party to elect which cause of action will be Harvey v. Southern Pacific Co. 505. [44-46 Or.] |