State Ex Rel. Smith v. Appling

223 Or. 576 (1960)

355 P.2d 760

STATE OF OREGON EX REL SMITH

v.

APPLING

Supreme Court of Oregon.

Argued September 8, 1960.

Demurrer overruled; peremtory writ of mandamus issued September 9, 1960.

Lamar Tooze and Lamar Tooze, Jr., both of Portland, argued the cause and filed a brief for plaintiff.

E.G. Foxley, Deputy Attorney General, Salem, argued the cause for defendant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

DEMURRER OVERRULED; PEREMPTORY WRIT OF MANDAMUS ISSUED.

WARNER,…