King v. Mitchell

188 Or. 434 (1950)

214 P.2d 993

216 P.2d 269

KING

v.

MITCHELL

Supreme Court of Oregon.

Argued November 1, 1949.

Reversed and remanded February 15, 1950.

Petition for rehearing denied March 28, 1950.

E.F. Bernard argued the cause for Appellant. On the brief were Collier & Bernard and William F. Bernard, of Portland, and Yokum & Campbell, of John Day.

Harold Banta argued the cause for Respondent. On the brief were Hallock, Donald, Banta & Silven, of Baker, and E.P. Truesdell, of Canyon City.

Before LUSK, Chief Justice, and BRAND, BAILEY, HAY and PAGE, Justices.

LUSK, C.J.

Section 1-1007, O.C.L.A., provides:

"T…