Hanson v. Mosser

(Pro Tempore).

This is an appeal by plaintiffs from an order of the circuit court for Marion county, sustaining the motion of the State of Oregon and the defendants to quash service of summons on the defendants. Defendants’ motion to quash is based on the ground that the plaintiffs’ suit is one against the State of Oregon and is thus barred by the doctrine of sovereign immunity. It is conceded that a state is not suable without its consent and that consent has not here been given.

Plaintiffs, two citizens and taxpayers of the state of Oregon, brought this suit against the Director of the…