State v. A 1963 Corvette Automobile

This in rem proceeding was brought by the state to forfeit a vehicle under former ORS 475.120(2). The owner of the vehicle, Richard B. Montgomery, appeared pursuant to notice and filed an answer in bar raising specifically the defense of res judicata. The court upheld the plea in bar and entered judgment thereon dismissing plaintiff’s complaint. Plaintiff appeals.

The case was presented pursuant to an agreed narrative statement of facts submitted in lieu of transcript. ORS 19.088; State v. Leaton, 3 Or App 475, 474 P2d 768 (1970). So far as here relevant it establishes that Montgomery was…