Scales v. Spencer

In this action for forcible entry and wrongful detainer the district court for Clackamas county gave judgment against defendants. Defendants appealed the judgment to the circuit court but refused to file the bond required by ORS 105.160. The circuit court dismissed the appeal. Defendants appeal here claiming that ORS 105.160 violates Article I, §§ 1, 10 and 20, of the Oregon Constitution.

ORS 105.160 provides that when a defendant appeals from a judgment for the restitution of property in such an action he must file a bond providing that if the judgment is affirmed on appeal the bondsman must…