Moen v. Washington County

This is a consolidated appeal in which Moen (plaintiff) seeks return of funds posted by her as bail to secure the appearance of her son, Black. He was convicted in case no. 19-850 on December 19, 1980; case no. 19-851 was dismissed on January 6, 1981. Despite the fact that plaintiff had made the deposit, the trial judge ordered the security exonerated and sent it to Black’s attorney, purportedly pursuant to ORS 135.265(2).1 Seven months later, plaintiff filed a motion for the return of the security deposit to her. The court denied her motion on the grounds that the security deposit belonged…