Nielson v. Bryson

DENECKE, J.,

specially concurring.

No issue was raised about the propriety of the use of mandamus to review the trial court’s orders. Nevertheless, a comment might be necessary because of our recent decisions in which the issue was raised and discussed. In Henkel v. Bradshaw, 257 Or 55, 475 P2d 75 (1970), and State ex rel Maizels v. Juba, 254 Or 823, 460 P2d 850 (1969), this court refused to issue a peremptory writ of mandamus upon the ground that appeal was a speedy and adequate remedy. In the instant case this is not true. If final judgment was entered for the defendant and the plaintiff…