Schalek v. Salem Title Co.

The plaintiff has filed a petition for rehearing contending that our decision and opinion were in error in holding that the plaintiff waived her right to object to the trial court’s trying the defendant’s affirmative defense in equity without a jury. A majority of the court has voted to deny the petition. I am of the opinion that we did err and would grant the petition for rehearing and hear and decide the case upon its merits.

The crux of our opinion is this statement: “Beginning with Kitcherside v. Myers, 10 Or. 21, this court has held that an objection to the jurisdiction of a court of…