holding that an order vacating a sentence due to the unconstitutionality of an ordinance "necessarily holds that the facts stated do not constitute an offense as there is no longer an ordinance to be violated" and, therefore, is "by its nature an order arresting judgment from which the city may appeal"
Summary of this case from State v. BrumwellJuly 24, 1979.
holding that an order vacating a sentence due to the unconstitutionality of an ordinance "necessarily holds that the facts stated do not constitute an offense as there is no longer an ordinance to be violated" and, therefore, is "by its nature an order arresting judgment from which the city may appeal"
Summary of this case from State v. Brumwellrejecting argument on appeal that trial court erred in refusing to strike the plaintiffs' claim for trespass based on construction of a dam, where there was “sufficient evidence from which the jury could find that defendants knew or should have known what they were doing, and they knew or should have known of potential effects on plaintiffs”
Summary of this case from Gibson v. MorrisFull title:PETITIONS FOR REVIEW
Court:Oregon Supreme Court
Date published: Jul 24, 1979
The cases have made reference not only to the quality of the tortfeasor's conduct, as in certain intentional…
Wright v. Lane CountySubmitted on record and briefs April 19, 1979Affirmed May 29, 1979 reconsideration denied June 12, petition…