McCREIGHT ET UX v. Girardo

ON REHEARING

*229Edwin- J. Welsh, Portland, argued the cause and filed a brief for appellants.

On Rehearing

*230Richard F. Deich, Portland, argned the cause for respondent. On the brief were Bryson and Deich, Portland. Before Warner, Chief Justice, and Tooze, Boss-man, Lusk, Latourette and Perry, Justices. PERRY, J.

We granted a rehearing in this case, and, after more mature consideration of the question involved, have reached the conclusion that our former opinion was in error.

The plaintiffs commenced this suit against the defendant in Multnomah county for the purpose of having their rights determined…