Carey v. Lincoln Loan Co.

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because — in defendant’s view — the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows — again, in defendant’s view — that, when the legislature created the Court of Appeals by statute in 1969, it had no authority to do so. For that reason, defendant asserts, the Court of Appeals decision in this case, which reversed a trial court judgment in favor of defendant, is invalid and must be vacated. The…